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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices
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et seq. which created the housing programs administered by the United States Department of Agriculture, Rural Housing Service. The NAHEA excludes Indian Tribes, including instrumentalities of such Indian Tribes, from the requirement to comply with Title VI of the Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, allowing members of Indian Tribes to be given preference for housing in accordance to the Native American Housing Assistance and Self Determination Act of 1996 25 U.S.C.
4101 et seq..
The NAHEA does not exempt Indian Tribes from complying with other laws that apply to recipients of Federal financial assistance. Therefore, federally recognized Indian Tribes must continue to comply with Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title IX
of the Education Amendments Act of 1972, where applicable. The NAHEA
also did not exempt Indian Tribes from complying with the accessibility requirements of the Fair Housing Amendments Act FHAA of 1988. This Act amended Title VIII of the Fair Housing Act of 1968, to include disability and familial status. Therefore, the NAHEA did not specifically exempt Indian Tribes from the accessibility requirements of the FHAA. The requirements to construct multi-family housing properties accessible to, or adaptable for, persons with disabilities are to be followed. This requirement shall be consistent with RD Instructions 7 CFR part 3560, 3560.60, Design Requirements.
iii A proposed post-construction operating budget utilizing Form RD
35607, Multiple Family Housing Project Budget/Utility Allowance can be found at: http
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-7.PDF.
RHS will review the budget to determine that the income and expenses are reasonable and customary for the area. RHS will also verify that the budget reflects the correct and estimated RHS debt service, number of units, unit mix, and proposed rents. Overall, RHS

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will review the budget for feasibility, accuracy, and reasonableness.
iv An estimate of development costs utilizing Form RD 192413 Estimate and Certificate of Actual Cost can be found at: http forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD1924-13.PDF.
v Form RD 356030, Certification of no Identity of Interest IOI, if applicable, can be found at: http
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-30.PDF.
vi Form RD 356031, Identity of Interest Disclosure/Qualification Certification if applicable, can be found at: http forms.sc.egov.usda.gov/
efcommon/eFileServices/eForms/
RD3560-31.PDF.
An IOI is defined in 7 CFR 3560.11.
RHS will review Form RD 356030 and Form RD 356031, as applicable, to determine if they are completed in accordance with the Forms Manual Insert and to determine that all IOIs have been disclosed. TA will not be funded by RHS when an IOI exists between the TA provider and the loan or grant applicant.
vii Form HUD 2530, Previous Participation Certification can be found at: https www.hud.gov/sites/
dfiles/OCHCO/documents/2530.pdf.
viii If requesting RA or OA, Form RD
356025, Initial Request for Rental Assistance or Operating Assistance can be found at: http
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD3560-25.PDF.
ix Form RD 4004, Assurance Agreement can be found at: http
forms.sc.egov.usda.gov/efcommon/
eFileServices/eForms/RD400-4.PDF.
x RD Instruction 1940Q, Exhibit A
1, Certification for contracts, grants and loans, can be found at: https
www.rd.usda.gov/files/1940q.pdf.
A separate one-page information sheet listing each of the pre-application scoring criteria contained in this Notice, followed by a reference to the page numbers of all relevant material and documentation that is contained in the proposal that supports the criteria.
Applicants are encouraged to include a checklist of all of the application
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requirements in accordance with this Notice and to have their electronic application submission documents indexed in the order of this Notice to facilitate the review process. If any of the required items listed above are not submitted within the pre-application in accordance with this Notice or are incomplete, the pre-application will be considered incomplete and will not be considered for funding.
RHS will not consider information from an applicant after the preapplication deadline for the applicable funding round. RHS may contact the applicant to clarify items in the application. RHS will uniformly notify applicants of each curable deficiency. A
curable deficiency is an error or oversight that if corrected it would not alter, in a positive or negative fashion, the review and rating of the application.
An example of a curable correctable deficiency would be inconsistencies in the amount of the funding request.
D. Pre-Application Review Information 1. Selection Criteria. Section 514 OffFLH loan funds and Section 516 OffFLH grant funds will be distributed to states based on a national competition, as follows:
a RHS will accept, review, and score pre-applications in accordance with this Notice.
1 Points will be allocated for applications that leverage other funds based on the ratio of leveraged funds to RHSs total investment. This is calculated as follows:
The leverage ratio equals the sum of all permanent third-party project investments plus RHSs allowed value of donated land. The value of the donated land will be calculated in accordance with RHSs HB13560. The amount of permanent third-party project investments is limited to third-party funds from equity, grants, loans, and deferred developer fees. To obtain the ratio from which the leveraged funds points are derived, the leveraged fund amount is divided by RHSs investment, which equals the total amount of approved Section 514 loans and/or Section 516 grants. For example:

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