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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Veterans Affairs Department

Docket ID: [Docket No. FR-5212-N-01]

NOTICE: Part II

DOCUMENT ACTION: Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding Availability for HUD's Discretionary Programs (SuperNOFA): HOPE VI Main Street Grants Program.

SUBJECT CATEGORY: HOPE VI Main Street Grants Notice of Funding Availability

DOCUMENT SUMMARY: Although this NOFA is not included in the SuperNOFA announcement, this NOFA is governed by the information and instructions found in the Notice of HUD's Fiscal Year 2008 Notice of Funding Availability Policy Requirements and General Section (2008 General Section) that HUD published on March 19, 2008, and all subsequent Supplementary Information and Technical Corrections published in the Federal Register.

SUMMARY: Housing and Urban Development Department,

SUPPLEMENTAL INFORMATION

Through today's publication, HUD is making available approximately $4 million in assistance through the FY2008 HOPE VI Main Street Grants program. Today's publication is in addition to the $1 billion made available through the FY2008 SuperNOFA.

As is HUD's practice in publishing the SuperNOFA, the NOFA published today provides the statutory and regulatory requirements, threshold requirements, and rating factors applicable to funding being made available today (through the HOPE VI Main Street NOFA). Applicants for the HOPE VI Main Street NOFA must also refer to the 2008 General Section and any subsequent Supplementary Information and Technical Corrections for important application information and requirements, including submission requirements, which have changed this year.

In FY2008, HUD intends to continue to require its applicants to submit their applications electronically through http://www.grants.gov. If applicants have questions concerning the registration process, registration renewal, assigning a new Authorized Organization Representative, or have a question about a NOFA requirement, please contact HUD staff identified in this program NOFA. HUD staff cannot help the applicant write the application, but can clarify requirements that are contained in the 2008 General Section, this Notice, and in HUD's registration materials.

New applicants should note that they are required to complete a fivestep registration process in order to submit their applications electronically. The 2008 General Section, included in the instructions download materials on http://www.grants.gov (Grants.gov), provides a stepbystep explanation of the registration process, as well as where to find, on HUD's Web site, materials prepared by HUD to help guide applicants through the registration and application submission process.

Applications and Instructions have been posted to Grants.gov. HUD encourages applicants to subscribe to the Grants.gov free notification service. By doing so, applicants will receive an email notification as soon as items are posted to the Web site. The address to subscribe to this service is http://www.grants.gov/search/email.do. By joining the notification service, if a modification is made to the NOFA, applicants will receive an email notification that a change has been made.

HUD encourages applicants to carefully read the 2008 General Section and this program section of the NOFA. Carefully following the directions provided can make the difference in a successful application submission.

Overview Information

A. Federal Agency Name. Department of Housing and Urban Development, Office of Public and Indian Housing.

B. Funding Opportunity Title. HOPE VI Main Street Grants.

C. Announcement Type. Initial announcement.

D. Funding Opportunity Number. FR5212N01; OMB approval number is 25770208.

E. Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA number for this NOFA is 14.878, ``Affordable Housing Development in Main Street Rejuvenation Projects.''

F. Dates.

1. Application Submission Date. The application deadline date is August 15, 2008. Applications must be received and validated by Grants.gov no later than 11:59:59 p.m. on the application deadline date. Validation by Grants.gov may occur up to 48 hours after electronic receipt of the application. See the 2008 General Section for application submission and timely receipt requirements.

2. Estimated Grant Award Date. The estimated award date will be September 24, 2008.

G. Additional Important Overview Information.

1. Electronic Application Submission. Applications for this NOFA must be submitted electronically through http://www.grants.gov/ applicants/apply_for_grants.jsp. Registration or required annual re registration to submit an application electronically may take more than a week because of the following: (1) The applicant's requirement to register with the Central Contractor Registration (CCR), (2) the cross checking of applicant identification numbers between CCR and the Internal Revenue Service (IRS), (3) applicant registration with the Grants.gov Web site, and (4) the applicant's requirement to register the official who will be submitting the application. HUD's Early Registration Notice can be obtained through HUD's Web site at http:// www.hud.gov/grants/.

2. Match. A Match of cash or inkind services of 5 percent of the requested grant amount is required in order to be considered for grant award.

3. Application materials. Application materials may be obtained from http://www.grants.gov/applicants/apply_for_grants.jsp. Any technical corrections will be published in the Federal Register and posted to Grants.gov. Frequently asked questions will be posted on HUD's Web site at http://www.hud.gov/offices/adm/grants/otherhud.cfm and http://www.hud.gov/offices/pih/programs/ph/hope6/grants/fy08/.

4. 2008 General Section Reference. Section I, ``Funding Opportunity Description,'' of the 2008 General Section for HUD's Discretionary Programs (2008 General Section), published in the Federal Register on March 19, 2008, and subsequent Supplementary Information and Technical Corrections published in the Federal Register, are hereby incorporated by reference.

5. Other 2008 General Section References. See ``Other Submission [[Page 36381]]
Requirements'' in section IV.F. of this NOFA and the 2008 General Section for detailed information about application submission. Full Text of Announcement

I. Funding Opportunity Description

A. Available Funds. This NOFA announces the availability of approximately $4 million in FY2008 funds.

B. Purpose of the Program. The purpose of the HOPE VI Main Street program is to provide grants to small communities to assist in the rejuvenation of an historic or traditional central business district or ``Main Street'' area by replacing unused commercial space in buildings with affordable housing units.

1. The objectives of the program are to:

a. Redevelop Main Street areas;

b. Preserve historic or traditional architecture or design features in Main Street areas;

c. Enhance economic development efforts in Main Street areas; and

d. Provide affordable housing in Main Street areas.

C. Statutory Authority.

1. The program authority for the HOPE VI Main Street program is section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), as amended by section 535 of the Quality Housing and Work
Responsibility Act of 1998 (Pub. L. 105276, 112 Stat. 2461, approved October 21, 1998), the HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003 (Pub. L. 108 186, 117 Stat. 2685, approved December 16, 2003); and the Consolidated Appropriations Act, 2008 (Pub. L. 110161, approved December 26, 2007).

2. The funding authority for the HOPE VI Main Street program is provided by the Consolidated Appropriations Act, 2008 (Pub. L. 110161, approved December 26, 2007) under the heading ``Revitalization of Severely Distressed Public Housing (HOPE VI).''

3. ``The HOPE VI Program Reauthorization and Small Community Mainstreet Rejuvenation and Housing Act of 2003'' states that, of the amount appropriated for the overall HOPE VI program for any fiscal year, the Secretary of Housing and Urban Development (the Secretary) shall provide up to 5 percent for use only for the Main Street initiative. The statute amended section 24(n) of the Act, which now provides for grants to smaller communities, to provide assistance to carry out eligible affordable housing activities.

D. Definition of Terms.

1. Affordable housing for this NOFA means rental or homeownership dwelling units that, for INITIAL occupants:

a. Are made available to lowincome families, with a subset of units made available to very lowincome families; and

b. Provide the same rules regarding occupant contribution toward rent or purchase, and basic terms of rental or purchase, as are provided to occupants of public housing units in a HOPE VI development. Rights and responsibilities vary among HOPE VI developments. HOPE VI public housing units use various mechanisms to set the resident portion of rent, resident job training or employment requirements, resident rights of return, and other occupancy issues. The Grantee, with HUD's approval, determines how to implement these initial resident safeguards. Strict application of public housing rules and regulations is not required; e.g., the use of HUD forms and recordkeeping requirements for occupancy and income. Units developed, rehabilitated or reconfigured through this NOFA are NOT and statutorily MUST NOT BE public housing units.

2. Applicant Team (``Team'') means the group of entities that will develop the Main Street affordable housing project (``project''). The Team includes the unit of local government that submits the application and, where applicable, the procured Developer, the procured property manager, architects (including architects who are knowledgeable about universal design and section 504 accessible design requirements), construction contractors, attorneys, investment partners that comprise an owner entity, and other parties that may be involved in the development and management of the project.

3. Community and Supportive Services (``CSS'') means services provided to residents of the project that may include, but are not limited to:

a. Homeownership counseling that is scheduled to begin promptly after grant award so that, to the maximum extent possible, qualified residents will be ready to purchase new homeownership units when they are completed;

b. Educational life skills, job readiness and retention, employment training, and other activities as described on HUD's HOPE VI Web site at http://www.hud.gov/offices/pih/programs/ph/hope6/css/; and

c. Coordination with fair housing groups to educate the Main Street affordable housing project's targeted population on its fair housing rights.

4. Firmly committed means that the amount of match or of Leverage resources and their dedication to HOPE VI Main Street activities must be explicit, in writing, and signed by a person authorized to make the commitment.

5. 2008 General Section means the ``Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding Availability (NOFA); Policy Requirements and 2008 General Section to the FY 2008 SuperNOFA for HUD's Discretionary Programs,'' published in the Federal Register on March 19, 2008. The 2008 General Section can be obtained through HUD's Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.

6. Homeownership unit means a housing unit that a local government makes available through a grant from this NOFA for purchase by a low income family for use as its principal residence.

7. Initial occupancy period means the period of time that a rental unit is occupied by the initial lowincome resident, or the period of time that a homeownership unit is owned by the initial thirdparty, lowincome purchaser. There is no set requirement for the length of this occupancy period.

8. Jurisdiction means the physical area under the supervision of a local government.

9. Leverage means nonHOPE VIfunded donations of cash and inkind services that are firmly committed to the rejuvenation of the Main Street Area and are from nonHOPE VI sources.

a. Leverage may include funds/inkind services that are already expended, received but not expended, and firmly committed but not yet received. See the definition of ``firmly committed'' in section 4., above.

b. Types of resources that may be counted include: (1) Private mortgagesecured loans, insured loans, and other debt; (2) Housing trust funds;
(3) Net sales proceeds from a homeownership project that exceed the amount of HOPE VI funds used to develop the homeownership unit; (4) Tax Increment Financing (TIF);
(5) Proceeds from LowIncome Housing Tax Credits (LIHTC), Historic Preservation Tax Credits, and Tax Exempt Bonds;
(6) Land Sale Proceeds. The value of land sale proceeds may be included as cash Leverage only if this value is a sales proceed. Absent a sales transaction, the value of land will be counted as an inkind donation;
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(7) Other Federal Funds. Other federal sources may include non public housing funds provided by HUD;
(8) InKind Services, including donations of:
(a) Staff time of either the local government applicant or the recognized Developer entity;
(b) Property such as materials, supplies, a building, a longterm lease on a building, and other infrastructure;
(c) Services such as Homeownership Counseling, other CSS and family selfsufficiency (FSS) resources, and time and services contributed by volunteers.

(9) Leverage does NOT include, and HUD will not count:

10. Local government means any city, county/parish, town, township, parish, village, or other general purpose political subdivision of a state; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the District of Columbia, and the Trust Territory of the Pacific Islands, or a general purpose political subdivision thereof; or a combination of such political subdivisions that is recognized by the Secretary.

11. Lowincome limits prescribed by HUD are stated on the internet at http://www.huduser.org/intercept.asp?loc=/datasets/il/il08/FY2008_ Section8_IncomeLimits.pdf. LowIncome family means a family (resident) with an income equal to or less than 80 percent of median income for the local area, adjusted for family size, in accordance with section 3(b)(2) of the United States Housing Act of 1937, as amended. HUD may establish a level higher or lower than 80 percent because of prevailing construction costs or unusually high or low family incomes in the area. ``Local area'' is defined as the nonmetropolitan county/parish or primary metropolitan statistical area/metropolitan statistical area (PMSA/MSA) or county/parish, as prescribed by HUD, in which the low income family resides.

12. Main Street Area means an area determined and designated by the applicant that fulfills the requirements stated in ``Program Requirements,'' Section III.C. of this NOFA, and:

a. Is within the jurisdiction of the applicant;

b. Has specific boundaries that are determined by the applicant;

c. Is or was:
(1) Traditionally the central business district and center for socioeconomic interaction;
(2) Characterized by a cohesive core of historic and/or older commercial and mixeduse buildings, often interspersed with civic, religious, and residential buildings, which represent the community's architectural heritage;

d. Is the location of a downtown or ``Main Street'' rejuvenation effort that:
(1) Has as its purpose the revitalization or redevelopment of the historic or traditional commercial area;
(2) Involves investment, or other participation, by the applicant local government and private entities in the community in which the project is carried out; and
(3) Involves the development of affordable housing that is located in the commercial area.

13. Main Street affordable housing project (``project'') means the collection of affordable housing units that are developed in the Main Street Area using funds obtained through this NOFA, and meet the requirements as stated in ``Program Requirements,'' section III.C of this NOFA.

14. Match is cash or inkind donations that will be expended on allowable activities under the grant. The match must:

a. Total at least 5 percent of the requested HOPE VI Main Street grant amount; and

b. Be from privatesector sources or government sources other than HOPE VI funding, including Community Development Block Grant (CDBG) funds, which by statute are considered local money.

15. Owner entity is the legal entity that holds title to the real property that contains any affordable housing units developed through this NOFA.

16. Person with disabilities means a person who:

a. Has a condition defined as a disability in section 223 of the Social Security Act;

b. Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act; or

c. Is determined to have a physical, mental, or emotional impairment that:
(1) Is expected to be of longcontinued and indefinite duration; (2) Substantially impedes his or her ability to live independently; and
(3) Is of such a nature that such ability could be improved by more suitable housing conditions.

d. The term ``person with disabilities'' may include persons who have acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS. In addition, no individual shall be considered a person with disabilities, for purposes of eligibility for lowincome housing, based solely on any drug or alcohol dependence.

e. The definition provided above for persons with disabilities is the proper definition for determining program qualifications. However, the definition of a person with disabilities contained in section 504 of the Rehabilitation Act of 1973 and its implementing regulations must be used for purposes of reasonable accommodations.

17. Program means the HOPE VI Main Street Program (Main Street).

18. Recognized Developer (Developer) means a legal entity that has an agreement with the local government applicant, or the local government applicant itself, that is seeking financing for rehabilitation and/or construction of housing units, and the provision of Community and Supportive Services (if required), through this NOFA.

a. For a noncomplex development, the applicant may choose not to use a Developer and instead directly procure a design/build construction contractor and accountant.

19. Site Control means the local government applicant, or its Developer, has the legal authority to commit the owner of the property to the rehabilitation to be performed with HOPE VI Main Street grant funds. Some examples of site control are:

a. The local government owns the property outright;

b. The private owner of the property and the applicant have signed a Developer agreement and the private owner is the Developer;

c. The government or privateowner has signed an agreement with a separate Developer and the agreement gives the Developer site control;

d. The applicant or Developer has an option to purchase the property from the private owner that covers a time period sufficient to obtain grant funds for purchase and environmental review approval (at least 180 days after award), and is contingent only upon: (1) Receipt of a grant from this NOFA; and (2) satisfactory compliance with this NOFA's environmental review requirements;

e. An ownerentity partnership was formed between the applicant, original owner, and, possibly, the Developer and other interested parties.

20. Unit of General Local Government. See ``local government'' under this section.

21. Very lowincome family means a family (or resident) with an income equal to or less than 50 percent of median income for the local area, adjusted for family size, in accordance with section 3(b)(2) of the United States Housing Act of 1937, as amended. HUD may establish a level higher or lower than 50 percent because of prevailing construction costs or unusually high or low family incomes in the area. HUD
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prescribed income limits are stated at http://www.huduser.org/ intercept.asp?loc=/datasets/il/il08/FY2008_Section8_IncomeLimits.pdf. Local area is defined as the PMSA/MSA or nonmetropolitan county/ parish, as prescribed by HUD, in which the lowincome family resides.

22. 2008 General Section reference. The subsection entitled ``Funding Opportunity Description'' in section I of the 2008 General Section is hereby incorporated by reference.

II. Award Information

Available Funds. A total of approximately $4 million appropriated for FY 2008 is available for funding under this NOFA and must be obligated by September 30, 2008.

A. Number of Awards. This NOFA will result in approximately 4 awards.

B. Range of Amounts of Each Award. Each applicant may request up to $1,000,000.

C. Start Date, Period of Performance. The term of the grants that result from this NOFA will start on the date that the grant award document is signed by HUD and will continue for 30 months thereafter.

D. Type of Instrument. Grant Agreement.

E. Supplementation. Grants resulting from this NOFA do not supplement other HOPE VI grants.

III. Eligibility Information

A. Eligible Applicants. Eligible applicants include, and are limited to, local governments, as defined in section I.D. of this NOFA and section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). The local government must:

1. Have a population of 50,000 or less; and

2. Not be served by a local government, county/parish, regional, or state public housing agency (PHA) that administers more than 100 public housing units within the local government's jurisdiction. Such units exclude section 8 Housing Voucher subsidized units and public housing units in MixedFinance developments where the PHA is not the General Partner in the forprofit ownership entity.

B. Cost Sharing or Match.

1. Match. HUD is required by the Quality Housing and Work Responsibility Act (42 U.S.C. 1437v(c)(1)(A)) to include the requirement for matching funds for all HOPE VIrelated grants. Applicants must provide matching funds or inkind services in the amount of 5 percent of the requested grant amount from sources other than HUD HOPE VI funds. Match sources may include other federal sources, CDBG funds (which are statutorily considered state funds), any state or local government sources, any private contributions, the value of any donated material or building, the value of any longterm lease on a building, the value of the time and services contributed by volunteers, and the value of any other inkind services provided. MATCH FUNDS MUST BE USED ONLY FOR CARRYING OUT ELIGIBLE AFFORDABLE HOUSING ACTIVITIES THAT RELATE TO THE MAIN STREET AFFORDABLE HOUSING PROJECT PRESENTED IN THIS APPLICATION. The match may include funds that have already been spent or funds that are for future use.

a. Match donations must be firmly committed to the Main Street affordable housing project presented in the application. See the definition of ``firmly committed'' in ``Definitions,'' Section I.D. of this NOFA.

b. The applicant may propose to use the applicant's own funds to meet the match requirement, provided that the match funds do not originate from HOPE VI funds.

c. See section IV.B. of this NOFA for the requirements for documentation of match resources.

C. Other.

1. Eligible Uses of Grant Funds. Main Street grant funds may be expended on the following activities (Note that noneligible activities and restrictions are located in section IV.E.):

a. New construction, reconfiguration, or rehabilitation of affordable rental and homeownership housing units located within the Main Street Area. New construction and rehabilitation activities that are intrinsic to the development of the affordable housing units may extend to other portions of the Main Street affordable housing project; e.g., to the building envelope, to interior bearing walls of commercial space located below the affordable housing units, and to systems installation through commercial space located below or adjacent to the affordable housing units.

b. Architectural and Engineering activities, surveys, permits, and other planning and implementation costs related to the construction and rehabilitation of the Main Street affordable housing project presented in the application.

c. Tax credit syndication costs.

d. Funding of moving expenses for any persons displaced as a result of construction or rehabilitation of the project, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and, as guidance only, Handbook CPD 0208, ``Guidance on the Application of the Uniform Relocation Assurance and Real Property Acquisition Policies Act of 1970 (URA), as amended in HOPE VI Projects.''

e. Management improvements necessary for the proper development and management of the Main Street affordable housing project presented in the application, similar to and including, but not limited to: (1) Staff training (including travel) related to affordable housing development and management.
(2) Staff time and materials or contractor services to revise or develop:
(a) Procedure manuals;
(b) Accounting systems, excluding accounting services or bookkeeping;
(c) Lease documents;
(d) Resident screening procedures; and

(e) Data processing systems.

f. Leveraging nonHOPE VI funds and inkind services. See the definition of ``Leverage'' in section I.D. of this NOFA.

g. Community and Supportive Services. See Funding Restrictions in section IV.E. of this NOFA.
(1) Only 15 percent of the grant amount may be used for Community and Supportive Services. See ``Funding Restrictions,'' section IV.E. of this NOFA, for nonallowable costs and activities.

2. Thresholds.

a. Match (Sections G and I). Applicants must provide matching funds in the amount of 5 percent of the requested grant amount from sources other than HUD HOPE VI funds. See ``Cost Sharing or Match,'' section III.B. of this NOFA.
(1) In order to demonstrate that the applicant meets this threshold, for each match resource, the application must include a letter stating a specific match amount and stating that the match is firmly committed to be used for activities related to the particular project presented in the application. Each match resource must also be listed on page 12 of the ``HOPE VI Main Street Application Data Sheet,'' form HUD52861 (under the Excel Worksheet Tab, ``Matching and Housing Resources'') which will be a part of the application. Columns on that page provide space to include the following required information for each source: Resource organization name, name and telephone number of a contact at the resource organization, the amount of the resource organization's contribution, and whether the contribution is in cash or inkind services. All columns, except [[Page 36384]]
the last, ``Leverage Period More Than 2 Years,'' must be filled in. (2) If the applicant does not demonstrate that there will be matching funds of at least 5 percent of the requested grant amount, the application will not be eligible for funding through this NOFA.

b. Leverage (Sections G and I). The applicant must furnish enough Leverage resources (other than the match) to show that there is both public and private support for the Main Street rejuvenation effort. If the application does not include any Leverage cash or inkind services (other than the match), the application will not be eligible for funding through this NOFA.

c. Past Performance on Main Street Grants. All prior Main Street grants require that construction start within 15 months of the grant award date. If a current Main Street grantee is more than one year late in starting construction, i.e., construction has not started within 27 months after the grant award date, that grantee will not be eligible for funding through this NOFA. HUD will determine whether construction has not started within 27 months of a previous award. If the applicant has an existing Main Street grant that is less than 27 months old, this threshold does not apply.

d. Main Street Area (Section L). The applicant must have within its jurisdiction a Main Street Area. See section I.D. of this NOFA for the definition of a Main Street Area.
(1) In order to demonstrate that the applicant meets this threshold, the application must contain the attachment ``Map of the Main Street Area.'' The attached map must clearly show the applicant determined Main Street Area boundaries. Boundaries may be streets, rail lines, rivers, or other manmade or natural bounds. No other documentation is necessary.
(2) If the applicant's jurisdiction does not have a Main Street Area, the application will not be eligible for funding through this NOFA.

e. Main Street Affordable Housing Project (Section M). The targeted affordable housing project must conform to this NOFA's requirements for a Main Street affordable housing project, as defined in ``Program Requirements,'' section III.C. of this NOFA.
(1) By applying for a grant through this NOFA, the applicant certifies that the Main Street affordable housing project meets the Program Requirements. No other documentation is necessary to meet this threshold.
(2) If the targeted affordable housing project does not conform to this NOFA's requirements, the application will not be eligible for funding through this NOFA.
(3) Other projects in the same Main Street Area are eligible for funding through this NOFA. If the project in the application for this NOFA has already received funding through a prior Main Street NOFA, the application will not be eligible for funding through this NOFA.

f. One Main Street Area. Under this NOFA, the applicant must apply for assistance only in support of one Main Street Area. That is, if the local government's jurisdiction includes two neighborhoods, each with a traditional commercial/social center, the application must contain only one of those traditional commercial/social centers. However, the applicant's Main Street affordable housing project may consist of several scattered sites within that one Main Street Area. If the applicant applies for assistance for more than one Main Street Area through this NOFA, the application will not be eligible for funding through this NOFA. g. Code of Conduct (Section E for Narrative and Section Q for Code).
(1) The applicant must have developed and must maintain a written code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). The applicant must provide, or have provided, documentation that demonstrates that it has a written code of conduct.
(2) The applicant must submit a copy of its code of conduct as part of the application if its code of conduct is not already on file with HUD. See 24 CFR 84.42 and 85.36(b)(3).
(3) Unless the applicant is listed on HUD's Web site at http:// www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and the information has not been revised, the applicant is required to submit: (a) A copy of its code of conduct;
(b) A description of the methods it will use to ensure that all officers, employees, and agents of its organization are aware of its code of conduct; and
(c) The following information, as it is stated on the SF424: (i) Dun and Bradstreet Data Universal Numbering System (DUNS) number;
(ii) Employer Identification Number (EIN);
(iii) Applicant's Legal Name (Note: Applicants must enter their legal name in box 8.a. of the SF424 as it appears in the Central Contractor Register (CCR). See the 2008 General Section regarding CCR registration);
(iv) Address (Street, PO Box, City, State, and ZIP Code); and (d) Authorized Official's information (Name, Title, Telephone Number, and Email Address).
(4) The code of conduct must prohibit real and apparent conflicts of interest that may arise among officers, employees, or agents; prohibit the solicitation and acceptance of gifts or gratuities by the organization's officers, employees, or agents for their personal benefit in excess of minimal value; and outline administrative and disciplinary actions available to remedy violations of such standards. (5) See section III.C. of the 2008 General Section for more detailed information and instructions if the applicant needs to submit its code of conduct to HUD via facsimile.
(6) If the applicant does not provide a copy of the code of conduct and its implementation methodology in its application, or is not listed by HUD as having already submitted such documentation, the application will not be eligible for funding through this NOFA.

h. The following subsections of section III of the 2008 General Section are hereby incorporated by reference. The applicant must comply with each of the incorporated threshold requirements in order to be eligible for funding, including:
(1) Ineligible Applicants;
(2) DUNS Number Requirement;
(3) Compliance With Fair Housing and Civil Rights Laws; (4) Conducting Business in Accordance With Core Values and Ethical Standards;
(5) Delinquent Federal Debts;
(6) PreAward Accounting System Surveys;
(7) Name Check Review;
(8) False Statements;
(9) Prohibition Against Lobbying Activities; and

(10) Debarment and Suspension.

i. Affirmatively Furthering Fair Housing (Section T). Successful applicants engaged in housing or housing related activities are obliged to take reasonable steps in affirmatively furthering fair housing (AFFH). Consistent with the 2008 General Section, applicants must provide a statement on AFFH in accordance with the 2008 General Section's instructions. Failure to include this statement will render the application ineligible for funding through this NOFA.

3. Certification of Certain Thresholds.

a. Certification by Application. The SF424, ``Application for Federal Assistance,'' is the cover sheet to the application. By manually or electronically signing the SF424, the applicant certifies that the following thresholds have been met:
(1) The Main Street Area rejuvenation effort:
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(a) Is carried out within the jurisdiction of the applicant; (b) Involves the development of affordable housing that is located in the commercial area that is the subject of the rejuvenation effort; and
(c) Has as its purpose the revitalization or redevelopment of a historic or traditional commercial area.
(2) A portion of the Main Street affordable housing project units will be reserved for very lowincome initial occupants.
(3) Historic preservation requirements in section 106 of the National Historic Preservation Act of 1966 (NHPA) will be fulfilled, where applicable.
(4) Environmental requirements stated in the NOFA will be fulfilled.
(5) Building standards stated in the NOFA will be fulfilled. (6) Relocation requirements under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) will be fulfilled.
(7) Fair Housing, Civil Rights, and Section 3 requirements will be followed and fulfilled.

4. Program Requirements.

a. Main Street Area Recognition by HUD. The applicant must have, within the applicant's jurisdiction, an existing HUDrecognized Main Street Area rejuvenation effort that involves affordable housing. In order to be recognized by HUD, a Main Street Area rejuvenation effort must:
(1) Be located within a definable Main Street Area (See Section I.D. of this NOFA);
(2) Have as its purpose the rejuvenation or redevelopment of a historic or traditional commercial area;
(3) Involve investment or other participation by BOTH the local government and locally located private entities;
(4) Comply with historic preservation requirements as directed by the cognizant State Historic Preservation Officer (SHPO) or, if such historic preservation requirements are not applicable, to preserve significant traditional, architectural, and design features in the project structures or Main Street Area; and
(5) Include the development of the project that is proposed and described in the application for a grant through this NOFA.

b. Main Street Affordable Housing Project (Project). The ``Main Street affordable housing project'' is the collection of affordable housing units that are rejuvenated or developed in the Main Street Area using match funds related to this NOFA, funds obtained through this NOFA, and, optionally, other Leverage funds or inkind services. The project must:
(1) Involve the construction or rehabilitation of affordable housing units. The number of units that will be developed through this NOFA must have a value that exceeds the Total Development Cost calculated in the form HUD52861, ``HOPE VI Main Street Application Data Sheet'';
(2) Be located within the boundaries of the applicant's Main Street Area; and
(3) NOT replace demolished or otherwise disposed of public housing units.

c. Program Schedule. The application requires a Program Schedule for the applicant's Project. The Program Schedule must reflect the Reasonable TimeFrame and Development Proposal time requirements stated in section VI.B. of this NOFA.

d. Requirements During the Initial Occupancy Period. (1) Initial residents of affordable rental units and initial resident purchasers of affordable homeownership units must be subject to the same rules regarding occupant contribution toward rental or purchase, and basic terms of rental or purchase, as residents of HOPE VI development public housing units. Sitebased waiting lists, resident job or training requirements, and other occupancy requirements that are allowed under section 24 of the U.S. Housing Act of 1937 (1937 Act) may be applied to the units. As with public housing, initial residents cannot be evicted without cause.
(2) The project owner entity is not required to develop and maintain mandatory PHA documentation; e.g., the PHA Plans as described in 24 CFR part 903, etc. However, before the project is initially rented, the ownership entity must determine and develop a written statement of its rent determination and occupancy policies, and obtain HUD approval of the policies.
(3) Public housing, HUD HOME, or LowIncome Housing Tax Credit rental requirements are not mandatory under the Main Street program, but may be used as examples for such policies. Such examples are located at 24 CFR 903.7(d) and 24 CFR 903.7(f). If other government programs are used in connection with the applicant's Main Street grant activities, such requirements apply to the extent required by the other programs.

e. Main Street Homeownership. The initial sale of an affordable homeownership unit to a thirdparty, lowincome purchaser must take place in accordance with Section 24 of the 1937 Act. Providing homeownership counseling to residents is mandatory if the application includes development of homeownership units.

f. Use Restrictions. PROJECT UNITS MUST BE MAINTAINED AS AFFORDABLE HOUSING ONLY FOR THE PERIOD OF INITIAL RENTAL OCCUPANCY OR THE INITIAL RESIDENT'S OWNERSHIP. The applicant may elect to apply use restrictions for a longer period, or in excess, of this requirement.

g. Leveraging Other Resources.
(1) Leverage is the contribution of funds or inkind services from sources other than a grant that results from this NOFA. The Main Street Area rejuvenation effort must have community support from government and the private sector. Leverage demonstrates this support. See ``Leverage'' in ``Definitions,'' section I.D of this NOFA. To measure the amount of support that the Main Street Area rejuvenation effort has, this NOFA includes a Leverage rating factor. See Rating Factor 3(c) in section V.A.3 of this NOFA.
(2) Unlike grant and match funds from this NOFA, Leverage is not limited to the funding of affordable housing development. Leverage can include contributions that have been made to, or are firmly committed to, the Main Street Area rejuvenation effort as a whole. It can include past or future funding for other affordable housing, retail supportive services, jobs, and other economic development that is part of the Main Street Area rejuvenation effort. Other examples of uses for Leverage funds include, but are not limited to:
(a) The acquisition of existing housing units that will become affordable housing, but do not require rehabilitation, including associated costs, such as appraisals, surveys, tax settlements, broker fees, and other closing costs;
(b) Offsite site improvements that are contiguous to the site; (c) Demolition;
(d) Restoration of the Main Street affordable housing project fa[ccedil]ade when fa[ccedil]ade rehabilitation is not an integral part of the project's rehabilitation;
(e) Rehabilitation of retail space in the Main Street affordable housing project, even if this rehabilitation is not an integral part of the rehabilitation of the rental areas of the project;
(f) Rehabilitation of retail space elsewhere in the Main Street Area;
(g) Funding of Reserves; e.g., the Initial Operating Reserve necessary for financial viability during the initial affordable housing occupancy period, Replacement Reserves, etc.;
(h) Homeownership financial assistance, e.g., writedown of [[Page 36386]]
homeownership unit development costs and downpayment assistance; (i) Other uses that relate directly to the project;
(j) Site improvements, e.g., repaving streets or upgrading streets or sidewalks with brick or cobblestone, adding ``boulevard'' islands, etc.;
(k) Legal and administrative fees and costs; and
(l) Other uses that do not relate directly to the project, but do relate to the Main Street Area rejuvenation effort.

h. Transfer of Title for Tax Credits. The original owner entity of project properties may transfer title to, or commit to a longterm lease with, an owner entity partnership that includes the original owner, the applicant, an equity partner and, when appropriate, other partners, for the purpose of obtaining LowIncome or Historic Tax Credit equity as a Leverage resource. Such a transfer, excluding legal fees, is an allowable grant activity. See section IV.E. of this NOFA for limits on the sale of real property.

i. Section 106 Historic Preservation Requirements. Grantees may not commit HUD funds until HUD has completed the historic preservation review and consultation process under Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470f) and its implementing regulation, 36 CFR part 800, as applicable, in accordance with environmental review requirements under 24 CFR part 50. See http:// www.achp.gov/ for details on the section 106 review process.

j. Environmental Requirements.
(1) HUD's notification of award to a selected applicant constitutes a preliminary approval by HUD, subject to HUD's completion of an environmental review of proposed sites in accordance with 24 CFR part 50. Selection for participation (preliminary approval) does not constitute approval of the proposed site(s).
(2) The application constitutes a certification that the applicant will supply HUD with all available, relevant information necessary for HUD to perform any environmental review required by 24 CFR part 50 for each property; will carry out mitigating measures required by HUD or, if mitigation is not feasible, select alternate eligible property; and will not acquire, rehabilitate, convert, demolish, lease, repair, or construct property, nor commit or expend HOPE VI, other HUD or other nonHUD funds, for these program activities with respect to any eligible property, until the applicant receives written HUD approval of the property.
(3) Each proposal will be subject to a HUD environmental review, in accordance with 24 CFR part 50, and the proposal may be modified or the proposed sites rejected as a result of that review.
(4) Phase I and Phase II Environmental Site Assessments. If the applicant is selected for funding, the applicant must have a Phase I environmental site assessment completed in accordance with the ASTM Standards E 152705, as amended (see http://www.astm.org/). The results of the Phase I assessment must be included in the documents that must be provided to HUD for the environmental review. If the Phase I assessment recognizes environmental concerns or if the results are inconclusive, a Phase II environmental site assessment will be required.
(5) Mitigating and remedial measures. You must carry out any mitigating/remedial measures required by HUD. If a remediation plan, where required, is not approved by HUD and a fully funded contract with a qualified contractor licensed to perform the required type of remediation is not executed, HUD reserves the right to determine that the grant is in default.
(6) The application constitutes a certification that there are not any environmental or public policy factors, such as sewer moratoriums, that would preclude development in the requested Main Street Area. (7) Note that environmental requirements for this NOFA are found in 24 CFR part 50, which requires HUD environmental approval. Please note that 24 CFR part 58, which allows state and local governments to assume federal environmental responsibilities, is not applicable. It only applies to PHAs.
(8) HUD's environmental Web site is located at http://www.hud.gov/ offices/cpd/environment/index.cfm.

k. Building Standards.
(1) Building Codes. All activities that include construction, rehabilitation, leadbased paint removal, and related activities must meet or exceed local building codes. The applicant is encouraged to read the policy statement and Final Report of the HUD Review of Model Building Codes that identify the variances between the design and construction requirements of the Fair Housing Act and several model building codes. That report can be found on the HUD Web site at http:// www.hud.gov/offices/fheo/disabilities/modelcodes/.
(2) Deconstruction. HUD encourages the applicant to design programs that incorporate sustainable construction and demolition practices, such as the dismantling or ``deconstruction'' of housing units, recycling of demolition debris, and reusing of salvage materials in new construction. ``A Guide to Deconstruction'' can be found at http:// www.huduser.org/publications/destech/decon.html.
(3) Partnership for Advancing Technology in Housing (PATH). HUD encourages the applicant to use PATH technologies in the construction and delivery of affordable housing. PATH is a voluntary initiative that seeks to accelerate the creation and widespread use of advanced technologies to improve the quality, durability, environmental performance, energy efficiency, and affordability of our nation's housing radically.
(a) The goal of PATH is to achieve dramatic improvement in the quality of U.S. housing by the year 2010. PATH encourages leaders from the home building, product manufacturing, insurance, and financial industries and representatives from federal agencies dealing with housing issues to work together to spur housing design and construction innovations. PATH will provide technical support in design and cost analysis of advanced technologies to be incorporated in project construction.
(b) Applicants are encouraged to employ PATH technologies to exceed prevailing national building practices by:
(i) Reducing costs;
(ii) Improving durability;
(iii) Increasing energy efficiency;
(iv) Improving disaster resistance; and
(v) Reducing environmental impact.
(c) More information, including a list of technologies, the latest PATH Newsletter, results from field demonstrations, and descriptions of PATH projects can be found at http://www.pathnet.org. (4) Energy Efficiency.
(a) New construction and rehabilitation must comply with the 2003 International Energy Conservation Code (IECC 2003), which incorporates American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) 90.1 2001 by reference for highrise multifamily housing.
(i) IECC 2003 Administrative Guidance. IECC 2003 applies to all construction and rehabilitation of residential and commercial property. The standard contains exceptions that allow for its reasonable application to Main Street NOFA activities.
(A) IECC 2003 section ``101.2.2.3 Historic buildings. The provisions of this code * * * shall not be mandatory for existing buildings or structures specifically identified and classified as [[Page 36387]]
historically significant by the state or local jurisdiction, listed in The National Register of Historic Places, or which have been determined to be eligible for such listing.''
(B) IECC 2003 section ``101.2.3 Mixed occupancy. [For mixeduse buildings,] * * * each portion of the building shall conform to the requirements for the occupancy housed therein. Buildings [with more than two housing units] with a height of four or more stories above grade shall be considered commercial buildings * * * regardless of the number of floors that are classified as residential.'' That is, if there is a store in the building, that part of the building is considered commercial. The rest of the building would incorporate low rise residential requirements.
(C) IECC 2003 section ``101.2.2.2 Additions, alterations or repairs. Additions [and rehabilitation of a building or portion of a building] * * * shall conform to the provisions of this code * * * , without requiring the unaltered portions(s) of the existing system to comply with all of the requirements of this code. Additions [or rehabilitation] shall not cause any one of the aforementioned and existing systems to become unsafe, hazardous or overloaded.'' (b) Where local or state energyrelated building codes exceed the above standards, new construction and rehabilitation must comply with those local or state standards.
(c) The applicant must use new technologies that will conserve energy and decrease operating costs, where cost effective. Examples of such technologies include:
(i) Geothermal heating and cooling;
(ii) Placement of buildings and size of eaves that take advantage of the directions of the sun throughout the year;
(iii) Photovoltaics (technologies that convert light into electrical power);
(iv) Extra insulation;
(v) Smart windows;
(vi) Energy Star appliances; and
(vii) Combined heat and power (cogeneration).
(5) Universal Design. HUD encourages the applicant to incorporate the principles of universal design in the construction or
rehabilitation of housing, retail establishments, and community facilities, and when communicating with community residents at public meetings or events. Universal Design is the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design. The intent of Universal Design is to simplify life for everyone by making products, communications, and the built environment more usable by as many people as possible at little or no extra cost. Universal Design benefits people of all ages and abilities. Examples include designing wider doorways, installing levers instead of doorknobs, and putting bathtub/shower grab bars in all units. Computers and telephones can also be set up in ways that enable as many residents as possible to use them. The Department has a publication that contains a number of ideas about how the principles of Universal Design can benefit persons with disabilities. To order a copy of ``Strategies for Providing Accessibility and Visitability for HOPE VI and Mixed Finance Homeownership,'' go to the publications and resource page of the HOPE VI Web site at http://www.huduser.org/publications/pubasst/ strategies.html.
(6) Energy Star. HUD has adopted a wideranging energy action plan for improving energy efficiency in all program areas. As a first step in implementing the energy plan, HUD, the Environmental Protection Agency (EPA), and the Department of Energy have signed a partnership to promote energy efficiency in HUD's affordable housing efforts and programs. The purpose of the Energy Star partnership is to promote energy efficiency of the affordable housing stock, but also to help protect the environment. Applicants constructing, rehabilitating, or maintaining housing or community facilities are encouraged to promote energy efficiency in design and operations. They are urged especially to build to Energy Star qualifications and to purchase and use Energy Starlabeled products. Applicants providing housing assistance or counseling services are encouraged to promote Energy Star building to homebuyers and renters. Program activities can include developing Energy Star promotional and informational materials, outreach to low and moderateincome renters and buyers on the benefits and savings when using Energy Star products and appliances, and promoting the designation of community buildings and homes as Energy Star compliant. For further information about Energy Star, see http:// www.energystar.gov or call (888) STARYES ((888) 7827937) or, for the hearingimpaired, (888) 5889920 (TTY). See the 2008 General Section, section VI.B.2.h on page 14901, as published in Volume 73 of the Federal Register.

l. LeadBased Paint. The applicant must comply with leadbased paint evaluation and reduction requirements as provided for under the LeadBased Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.), the EPA's PreRenovation Education Rule (40 CFR 745, subpart E), HUD's Lead Safe Housing Rule (24 CFR 35, subparts BR), and the Lead Disclosure Rule (24 CFR 35, subpart A), which addresses documents provided to pre1978 housing owners regarding lead paint or hazard testing or lead hazard reduction activities, as they may be amended or revised from time to time. The applicant will be responsible for lead based paint evaluation and reduction activities for housing constructed prior to 1978. The National Lead Information Hotline is (800) 4245323.

m. Labor Standards. DavisBacon wage rates do NOT apply to grants from this NOFA, with the following exceptions:
(1) If other federal programs are used in connection with the applicant's HOPE VI Main Street activities, DavisBacon requirements apply to the extent required by the other federal programs. (2) If any grant funds from an award through this NOFA are expended by a PHA, acting as a Developer, partnering with a Developer, or as a partner in an ownership entity partnership, DavisBacon wage rates will apply to laborers and mechanics (other than volunteers under 24 CFR part 70) employed in development of all housing units, and HUD determined wage rates will apply to laborers and mechanics (other than volunteers) employed in the operation of all housing units, regardless of whether such units are public housing or nonpublic housing.

n. Relocation Requirements. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 46014655), implementing regulations at 49 CFR part 24, and, as advice only, ``Handbook CPD 0208, Guidance on the Application of the Uniform Relocation Assurance and Real Property Acquisition Policies Act of 1970 (URA), as amended in HOPE VI Projects'' apply to anyone who is displaced as a result of acquisition, rehabilitation, or demolition due to a HUDassisted activity.

o. Fair Housing and Equal Opportunity Requirements.

Fair Housing and Equal Opportunity requirements stated in section III.C. of the 2008 General Section are hereby incorporated by reference and apply to this NOFA. In addition, the following requirement applies: (1) Accessibility Requirements.
(a) All ``multifamily'' HOPE VI developments, defined as projects with more than five units, are subject to the accessibility requirements contained in several federal laws, as implemented in [[Page 36388]]
24 CFR part 8. PIH Notice 200331, as advice only, available at http:// www.hud.gov/offices/pih/publications/notices/, and subsequent updates, provide an overview of all pertinent laws and implementing regulations pertaining to HOPE VI.
(b) Generally, for substantial rehabilitation of projects with more than 15 housing units, or new construction of a multifamily project, at least 5 percent of the units, or one unit, whichever is greater, must be accessible to persons with mobility impairments. An additional 2 percent, but not less than one unit, must be made accessible for persons with hearing or vision impairment. See, in particular, 24 CFR parts 8.20 through 8.32.
(c) In addition, under the Fair Housing Act, all new construction of covered multifamily buildings must contain certain features of accessible and adaptable design. The relevant accessibility requirements are provided on HUD's FHEO Web site at http://www.hud.gov/ groups/fairhousing.cfm. Units covered are all those in elevator buildings with four or more units and all ground floor units in buildings without elevators. See also ``program accessibility'' at http://www.hud.gov/offices/fheo/disabilities/ sect504faq.cfm#anchor263905. This section is in addition to, and does not replace, other nonHUD accessibility requirements to which the applicant local government may be subject.

p. Procurement. City governments are required to follow the procurement regulations at 24 CFR 85.36 at a minimum. State and local procurement requirements apply to the extent required by those governments.

5. 2008 General Section References. The following subsections of section III of the 2008 General Section are hereby incorporated by reference:

a. Additional Nondiscrimination and Other Requirements; (1) Civil Rights Laws, including the Americans with Disabilities Act of 1990 (42 U.S.C. 1201 et seq.);
(2) The Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.); and
(3) Title IX of the Education Amendments Act of 1972 (20 U.S.C. 1681 et seq.)

b. Affirmatively Furthering Fair Housing;

c. Economic Opportunities for Low and Very LowIncome Persons (Section 3);

d. Ensuring the Participation of Small Businesses, Small Disadvantaged Businesses, and WomenOwned Businesses;

e. Relocation;

f. Executive Order 13166, Improving Access to Services for Persons With Limited English Proficiency (LEP);

g. Executive Order 13279, Equal Protection of the Laws for Faith Based and Community Organizations;

h. Accessible Technology;

i. Procurement of Recovered Materials;

j. Participation in HUDSponsored Program Evaluation;

k. Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects;

l. Salary Limitation for Consultants;

m. OMB Circulars and Governmentwide Regulations Applicable to Financial Assistance Programs;

n. Environmental Requirements;

o. Conflict of Interest;

p. DrugFree Workplace; and

q. Safeguarding Resident/Client Files.

IV. Application and Submission Information

A. Addresses to Request Application Package. This section describes how the applicant may obtain application forms, additional information about the 2008 General Section of this NOFA, and technical assistance.

1. Copies of this published NOFA and related application forms may be downloaded from the Grants.gov Web site at http://www.grants.gov/ applicants/apply_for_grants.jsp. If the applicant has difficulty accessing the information, it may receive customer support from Grants.gov by calling the help line at (800) 518GRANTS ((800) 518 4726) or by sending an email to support@grants.gov. The operators will assist the applicant in accessing the information. If the applicant does not have Internet access and needs to obtain a copy of this NOFA, it can contact HUD's NOFA Information Center tollfree at (800) HUD 8929. Persons with hearing or speech impairments may call the Federal Information Relay Service at (800) 8778339.

2. The published Federal Register document is the official document that HUD uses to evaluate applications. Therefore, if there is a discrepancy between any materials published by HUD in its Federal Register publications and other information provided in paper copy, electronic copy, or at http://www.grants.gov, the Federal Register publication prevails. Please be sure to review the application submission against the requirements in this NOFA.

3. An unofficial MS Word 2003 version of this NOFA (which contains active links to Internet addresses stated in this NOFA), and related materials, can also be found at http://www.hud.gov/offices/pih/ programs/ph/hope6/grants/fy08/index.cfm.

B. Content and Form of Application Submission.

1. Number of Applications Permitted. Each applicant may submit only one application.

2. Joint Applications. Joint applications are not permitted. However, the applicant may enter into subgrant agreements with procured Developers, other partners, nonprofit organizations, state governments, or other local governments t

FOR FURTHER INFORMATION CONTACT Questions regarding specific program requirements should be directed to the agency contact identified in this program NOFA. Questions regarding the 2008 General Section or Supplementary information thereto, should be directed to the Office of Departmental Grants Management and Oversight at (202) 7080667 (this is not a tollfree number) or the NOFA Information Center at (800) HUD 8929 (tollfree). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Information Relay Service at (800) 8778339. The NOFA Information Center is open between the hours of 10 a.m. and 6:30 p.m. eastern time, Monday through Friday, except federal holidays.