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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Notices TABLE 7REQUIREMENTS PRIOR TO EXECUTING AN ASSISTANCE AGREEMENTContinued
Requirement Default or Noncompliance status.

Compliance with Federal civil rights requirements.

Debarment/Do Not Pay

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Safety and soundness

Criteria If, at any time prior to entering into an Assistance Agreement, the CDFI Fund determines that an Applicant or an Affiliate of the Applicant that is a prior CDFI Fund Recipient or allocatee under any CDFI Fund program is noncompliant or found in default with any previously executed CDFI Fund award or Assistance agreements and the CDFI Fund has provided written notification that the Applicant is ineligible to apply for or receive any future awards or allocations for a time period specified by the CDFI Fund in writing, the CDFI Fund may, in its sole discretion, delay entering into an Assistance Agreement with Applicant until the Recipient has cured the noncompliance by taking actions the CDFI Fund has specified in writing within such specified timeframe. If the Recipient is unable to cure the noncompliance within the specified timeframe, the CDFI Fund may modify or rescind all or a portion of the CMF Award made under this NOFA.
The CDFI Fund will terminate and rescind the Assistance Agreement and the CMF Award made under this NOFA if, prior to entering into an Assistance Agreement under this NOFA, the Recipient receives a final determination, made within the last 3 years of the publication date of this NOFA, in any proceeding instituted against the Recipient in, by, or before any court, governmental, or administrative body or agency, declaring that the CMF Award Recipient has violated the following laws: Title VI of the Civil Rights Act of 1964, as amended 42
U.S.C. 2000d; Section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794; the Age Discrimination Act of 1975 42 U.S.C. 61016107; Title VIII of the Civil Rights Act of 1968, as amended 42 U.S.C. 3601 et seq.;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and Title IX
of the Education Amendments of 1972.
The CDFI Fund reserves the right, in its sole discretion, to rescind an award if the Recipient or Affiliate of Recipient is identified as being delinquent on any Federal debt in the Do Not Pay database.
The Do Not Pay Business Center was developed to support Federal agencies in their efforts to reduce the number of improper payments made through programs funded by the Federal government. The Do Not Pay Business Center provides delinquency information to the CDFI Fund to assist with the debarment check.
If it is determined that the Recipient is or will be incapable of meeting its CMF Award obligations, the CDFI
Fund will deem the Recipient to be ineligible or require it to improve safety and soundness conditions prior to entering into an Assistance Agreement.

C. Assistance Agreement: Each Applicant that is selected to receive an award under this NOFA must enter into an Assistance Agreement with the CDFI
Fund in order to become a Recipient and receive Payment. Each CMF Award under this NOFA generally will have a period of performance that begins with the announcement date of the Award and continues until the end of the period of affordability, as set forth at 12
CFR 1807.401d and 12 CFR 1807.402, and as further set forth in the Assistance Agreement.
1. The Assistance Agreement will set forth certain required terms and conditions of the CMF Award, which will include, but not be limited to:
a The amount of the award;
b The approved uses of the award;
c The approved Service Area in which the award may be used.
Applicants selected for a CMF Award will be allowed to use up to 15% of the award amount outside of their approved Service Area at their discretion.
Moreover, they will be able to reinvest Program Income from the CMF Award anywhere in the United States, including the U.S. territories.
d Performance goals and measures;
e Reinvestment requirements for Program Income; and f Reporting requirements for all Recipients.
2. Prior to executing the Assistance Agreement, the CDFI Fund may, in its discretion, allow Recipients to request changes to the Service Area of the
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Award and certain performance goals and measures. The CDFI Fund, in its sole determination, may approve or reject these requested changes or propose other modifications, including a reduction in the Award amount. The CDFI Fund will only approve performance goals and measures or Service Area changes if it determines that such requested changes do not undermine the competitive process upon which the CMF Award determination was made. The CDFI
Fund may also, in its discretion, provide Recipients the opportunity to add states to their Service Area in order to serve states not already covered in the Award pool and to further HERAs goal that the CMF serve geographically diverse areas of every state. The CDFI Fund may also, in its discretion, provide Recipients the opportunity to add states to its approved Service Area in order to serve geographies for which: i The President issued a major disaster declaration, and ii the major disaster declaration makes such geographies eligible for both individual and public assistance. The major disaster declaration must be made after the publication date of this NOFA
and prior to the execution of the Recipients Assistance Agreement. In these cases, the CDFI Fund may allow a Recipient to exceed the maximum 15
state Service Area, if applicable. Any modifications agreed upon prior to the execution of the Assistance Agreement will become a condition of the Award.

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3. The Assistance Agreement shall provide that, prior to any determination by the CDFI Fund that a Recipient has failed to comply substantially with the Act, the CMF Interim Rule, or the environmental quality regulations, the CDFI Fund shall provide the Recipient with reasonable notice and opportunity to be heard. If the Recipient fails to comply substantially with the Assistance Agreement, the CDFI Fund may:
a Require changes in the performance goals set forth in the Assistance Agreement;
b Reduce or terminate the CMF
Award; or c Require repayment of any CMF
Award that has been distributed to the Recipient.
4. The Assistance Agreement shall also provide that, if the CDFI Fund determines noncompliance with the terms and conditions of the Assistance Agreement on the part of the Recipient, the CDFI Fund may:
a Bar the Recipient from reapplying for any assistance from the CDFI Fund;
or b Take such other actions as the CDFI Fund deems appropriate or as set forth in the Assistance Agreement.
5. In addition to entering into an Assistance Agreement, each Applicant selected to receive a CMF Award must furnish to the CDFI Fund a certificate of good standing from the jurisdiction in which it was formed. The CDFI Fund may, in its sole discretion or in lieu of
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