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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices
unprocessed or processed stage, and also includes the persons family.
Tenant Eligibilitytenant eligibility is limited to persons who meet the definition of a domestic farm laborer, or a disabled domestic farm laborer, or a retired domestic farm laborer as defined in Section 514f3 of the Housing Act of 1949, as amended 42
U.S.C. 1484f3.
Section 514f3A of the Housing Act of 1949 42 U.S.C. 1484f3A has been amended to extend FLH tenant eligibility to agricultural workers legally admitted to the United States and authorized to work in agriculture. In addition, under no circumstance may any currently eligible FLH tenants be displaced from their homes as a result of this statutory change.
Owners are responsible for verifying tenant income eligibility. Only very-low or low-income households are eligible for the operating assistance rents.
Households with incomes above the low-income limits must pay the full rent.
In accordance with 7 CFR 3560.554, off-farm labor housing may be used to serve migrant farmworkers. Migrants or migrant agricultural laborer is a person and the family of such person who receives a substantial portion of his or her income from farm labor employment and who establishes a residence in a location on a seasonal or temporary basis, in an attempt to receive farm labor employment at one or more locations away from their home base state, excluding day-haul agricultural workers whose travels are limited to work areas within one day of their residence.
Seasonal housing is housing that is operated on a seasonal basis, typically for migrants or migrant agricultural laborers as opposed to year-round. OffFLH loan and grant funds may be used to provide facilities for seasonal or temporary residential use with appropriate furnishings and equipment.
A temporary residence is a dwelling which is used for occupancy, usually for a short period of time, but is not the legal residence for the occupant.
The design and construction requirements established in 3560.60
apply to all applications for Off-FLH
loans and grants except that seasonal Off-FLH that will be occupied for eight months or less per year by migrant farmworkers while they are away from their residence, may be constructed in accordance with Exhibit I of 7 CFR part 1924, subpart A.
For Off-FLH operating on a seasonal basis, the management plan must establish specific opening and closing dates. During the off-season, Off-FLH
may be used as defined in 7 CFR part
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3560, subpart A, under short-term lease provisions. Where rents are charged on a per-unit basis and family income qualifies the household for rental assistance, rental assistance may be used.
Off-FLH is subject to the tenant contribution and rental unit rent requirements for Plan II housing established under 7 CFR part 3560, subpart E, except where seasonal housing will be occupied for less than a three-month period. In such instances the best available and practical income verification methods may be used with prior approval of RHS.
Actual dollars earned from farm labor by domestic farm laborers other than migrant farmworkers must equal at least 65 percent of the annual income limits indicated for the Standard Federal regions as published by RHS for their particular region of the country. For migrant farmworkers living in seasonal housing the actual dollars earned from farm labor by a domestic farm laborer must equal at least 50 percent of annual income limits indicated for the Standard Federal regions, as published by RHS.
Applicant Eligibility a To be eligible to receive a Section 514 loan for Off-FLH, the applicant must meet the requirements of 7 CFR
3560.555a and be a broad-based nonprofit organization of farmworkers, a Federally recognized Indian tribe, a community organization, or an Agency or political subdivision of state or local Government, and must meet the requirements of 3560.55, excluding 3560.55a6. A broad-based nonprofit organization is a non-profit organization that has a membership that reflects a variety of interests in the area where the housing will be located; or a limited partnership with a non-profit general partner which meets the requirements of 3560.55d.
b To be eligible to receive a Section 516 grant for Off-FLH, the applicant must meet the requirements of 7 CFR
3560.555b and be a broad-based nonprofit organization of farmworkers, a federally recognized Indian tribe, a community organization, or an agency or political subdivision of State or local Government, and must meet the requirements of 3560.55, excluding 3560.55a6. A broad-based nonprofit organization is a non-profit organization that has a membership that reflects a variety of interests in the area where the housing will be located; and be able to contribute at least one-tenth of the total farm labor housing development cost from its own or other resources. The applicants contribution must be available at the time of the grant closing. An Off-FLH loan financed by
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RHS may be used to meet this requirement, however, an RHS grant cannot be used to meet this requirement. Limited partnerships with a non-profit general partner are eligible for Section 514 loans; however, they are not eligible for Section 516 grants.
1 The applicant must be unable to provide the necessary housing from the applicants own resources and be unable to obtain credit from any other source upon terms and conditions which the applicant could reasonably be expected to fulfill.
2 Provide evidence that the applicant is unable to obtain credit from other sources.
3 In order to demonstrate the applicant meets the requirement at 7
CFR 3560.55a2, at least two letters from two separate credit institutions which normally provide real estate loans in the area must be obtained and these letters must indicate the rates and terms upon which a loan might be provided. Note: not required from State or local public agencies or Indian tribes. If two letters from two separate credit institutions that indicate the rates and terms upon which a loan might be provided is not submitted within the pre-application, the pre-application will be considered incomplete and will not be considered for funding.
4 Broad-based non-profit organizations must have a membership that reflects a variety of interests in the area where the housing will be located.
2. Cost Sharing or Matchingthe amount of any Off-FLH grant must not exceed 90 percent of the TDC as provided in 7 CFR 3560.562c1.
3. Other Requirementsthe following requirements apply to loans and grants made in response to this Notice:
a 7 CFR part 1901, subpart E, regarding equal opportunity requirements;
b For grants only, 2 CFR parts 200
and 400, which establishes the uniform administrative and audit requirements for grants and cooperative agreements to State and local Governments and to non-profit organizations;
c 7 CFR part 1901, subpart F, regarding historical and archaeological properties;
d 7 CFR 1970.11, Timing of the environmental review process. Please note, the environmental information must be submitted by the applicant to RHS. RHS must review and determine that the environmental information is acceptable before the obligation of funds;
e 7 CFR part 3560, regarding the loan and grant authorities of the OffFLH program;

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