CED – ACF Real Property Guidance

What Does it Mean for My CED Grant?

Current as of:

CED Grantees must adhere to ACF guidance regarding property — real property, tangible personal property, and intangible personal property — as summarized on the ACF Property Guidance page.

This resource addresses ACF’s Real Property Guidance and its application to Community Economic Development (CED) grants. Note that this resource summarized key information relevant to CED grants, but it does not replace official guidance provided by ACF, as referenced in the links below and elsewhere.

Real Property and the CED Program

CED is one of only a few ACF grant programs that have real property authority to allow, with prior approval, the use of federal funds to acquire, construct, and/or make major renovations on a property. See the full list of Applicable ACF Grant Programs with Real Property Authority.

As a quick reference, below are the types of investments that may apply to CED projects and applicable requirements.

Type of Investment in Property Applicable Requirements
Direct construction, renovation, or acquisition of property (i.e., the CED grantee owns the property) Real property requirements apply.
Loan to a third-party participating business to construct, renovate, or acquire property

Intangible property requirements apply.

See CED — ACF Intangible Property Guidance: What Does it Mean for My CED Grant? (coming soon!)
Equity investment in a third-party participating business to construct, renovate, or acquire property

Intangible property requirements apply.

See CED — ACF Intangible Property Guidance: What Does it Mean for My CED Grant? (coming soon!)

Do real property requirements apply to my CED project?

Any CED project involving the direct use of the Federal funds for the construction, renovation, or acquisition of a facility or land in excess of $150,000 per land parcel is subject to ACF’s real property requirements. This includes filing an NFI, meeting real property reporting requirements, meeting Federal interest requirements, and meeting requirements for disposition of property when it is no longer used for the original purpose.

What if I am using my CED grant to make a loan to or invest money in a third-party participating business for the construction, renovation, or acquisition of property?

If a CED grantee makes a loan to or invests money in a third-party participating business, including a loan or investment for the construction, renovation, or acquisition of property, then the participating business is the property owner of record on any property purchased with such funds. As such, the federal interest is the in the debt instrument or security, and as intangible property, rather than the property itself. Federal interest in such property is subject to the 12-year rule set forth in annual appropriations law (see, e.g., the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94). Requirements for real property would not apply.

My CED grant is subject to ACF real property requirements because it directly funds construction, renovations, or acquisition of real property in the amount of $150,000 or more per land parcel; what do I need to do?

CED grants subject to ACF real property requirements must meet all requirements of the governing statute, any implementing program regulations, and requirements of 45 CFR §75.318 , the terms and conditions of the award, and any related federal laws and executive orders, as applicable.

More detailed information can be found on ACF’s Real Property Guidance page, including:

My CED grant does not directly fund construction, renovation, or acquisition of real property; what do I need to do?

As summarized in guidance for submitting the Real Property Status Report SF-429 and Attachments, the SF-429 Attachment A No Property form was designed to allow grantees to indicate that their projects do not directly fund construction, renovations, or acquisition of real property.

However, the CED Program Office has discretion in its implementation of the requirement for projects that do not directly fund construction to submit the SF-429 Attachment A No Property form. As such, CED projects that do not directly fund construction are not required to submit the SF-429 Attachment A No Property form.

How often, and for how long do I need to submit the SF-429 property forms?

Information about frequency of submitting SF-429 property forms is provided in guidance for submitting the Real Property Status Report SF-429 and Attachments.

As a quick reference, below is a summary of submission requirements for each form.

Form Timing and Frequency
SF-429 Cover Submit with every attachment (A, B, and C).
SF-429 Attachment A
Annual General Report		 Submit annually for any grant directly using CED funds to construct, renovate, or acquire real property until disposition of that property (marked by submission of the SF-429 B Disposition or Encumbrance Request)
SF-429 Attachment A
No Property Form		 Not Applicable — the SF-429 Attachment A No Property form was designed to allow grantees to indicate that their projects do not directly fund construction, renovations, or acquisition of real property. The CED Program Office has discretion in its use of this form and does not require it. 
SF-429 Attachment B
Acquire or Improve Request		 Submit once for each property to be constructed, renovated, or acquired with CED funds.
SF-429 Attachment C
Disposition or Encumbrance Request		 Submit once for each property constructed, renovated, or acquired with CED funds at the time the grantee requests the property be disposed of or encumbered.

 How do I submit the SF-429 property forms?

As summarized in guidance for submitting the Real Property Status Report SF-429 and Attachments, SF-429 property forms must be submitted within the On-Line Data Collection System (OLDC).

Who do I reach out to if I have more questions about real property guidance for my CED grant?

If you have further questions, contact your assigned OCS Program Specialist or OGM Grants Management Specialist.