Additional Allocations for Midwest Flood Community Development Block Grant (CDBG) Disaster Recovery Grantees under the Supplemental Appropriations Act, 2008, 77818-77821 [E8-30185]
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77818
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Specifically, DHS proposed to create 8
CFR 215.9 instituting a temporary
worker visa exit pilot program and
requiring certain H–2A temporary
agricultural workers to participate in a
pilot program that requires these
workers to register with Customs and
Border Protection (CBP) at the time of
their departure from the United States.
On December 18, 2008, a final rule was
published in the Federal Register
establishing the pilot program. Pursuant
to the final rule, CBP published a notice,
CBP Dec. 08–48, in the same Federal
Register that requires H–2A temporary
agricultural workers entering the U.S. at
the ports of San Luis and Douglas,
Arizona, on or after August 1, 2009, to
register with CBP at the time of
departure from the United States.
On August 20, 2008, DHS published
a Notice of Proposed Rulemaking in the
Federal Register (73 FR 49109)
proposing changes to requirements
affecting temporary non-agricultural
workers within the H–2B nonimmigrant
classification and their U.S. employers.2
Among other things, DHS proposed to
expand the temporary worker visa exit
pilot program to include the H–2B
nonimmigrant classification by
requiring H–2B temporary
nonagricultural workers admitted at a
port of entry participating in the
program to register with CBP at the time
of departure from the United States.
DHS is publishing the final rule in
today’s edition of the Federal Register,
concurrent with this Notice.
The final rule amends 8 CFR 215.9 to
provide that an alien admitted with a
certain temporary worker visa at a port
of entry participating in the Temporary
Worker Visa Exit Program must also
depart at the end of his or her
authorized period of stay through a port
of entry participating in the program
and present designated biographic and/
or biometric information upon
departure. The amended § 215.9 further
states that CBP will publish a notice in
the Federal Register designating which
temporary workers must participate in
the Temporary Worker Visa Exit
Program, which ports of entry are
participating in the program, which
biographical and/or biometric
information would be required, and the
format for submission of that
information by the departing designated
temporary workers.
2 The H–2B nonimmigrant classification applies
to foreign workers coming to the U.S. temporarily
to perform temporary, non-agricultural labor or
services. Immigration and Nationality Act (Act or
INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2)
(designation for H–2B classification).
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The instant notice is being issued
pursuant to amended § 215.9. It contains
all the required elements referenced in
8 CFR 215.9 as amended and expands
the temporary worker visa exit pilot
program to include both the H–2A and
the H–2B classifications. The
requirements of the pilot program, the
designated ports, and the effective date
of the pilot program will be the same for
both H–2A and H–2B temporary
workers. Therefore, any alien who is
admitted into the United States with an
H–2A or H–2B nonimmigrant visa at a
designated port on or after August 1,
2009, will be subject to the expanded
pilot program.
Temporary Worker Visa Exit Program
Pilot
General Requirements
Any alien admitted into the United
States at a designated port of entry with
either an H–2A or H–2B nonimmigrant
visa must depart from a designated port
of entry and must submit certain
biographic and biometric information at
one of the kiosks established for this
purpose.
Designated Ports of Entry
Entry Procedures
Any nonimmigrant alien admitted
with an H–2A or H–2B nonimmigrant
visa at one of the designated ports of
entry will be issued a CBP Form I–94,
Arrival and Departure Record, and be
presented with information material
that explains the pilot program
requirements. The information material
will instruct the alien to appear in
person at one of the designated ports of
entry to register his or her final
departure from the United States at that
port on or before the date that his or her
work authorization expires.
Exit Procedures
An alien admitted with an H–2A or
H–2B nonimmigrant visa must depart at
a designated port on or before the date
his or her work authorization expires.
At the time of departure, the alien must
present the following biographic and
biometric information at a kiosk
installed for this purpose:
• Biographic information—name,
date of birth, country of citizenship,
passport number, and the name of the
Consulate where the alien’s visa was
issued. The biographic information will
be provided by scanning the alien’s
travel document (visa). If the scan of the
visa fails, the alien will scan his or her
passport. If the scan of the passport
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Kiosks
Instructions for departure registration
will be available in both English and
Spanish for use by departing aliens at
the kiosks.
Officer assistance will be available in
the event that an alien is unable to
utilize the designated kiosk to record his
or her departure.
Dated: December 8, 2008.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
[FR Doc. E8–30093 Filed 12–18–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5250–N–02]
San Luis, Arizona.
Douglas, Arizona.
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fails, the alien will manually enter the
required biographic information.
• Biometric information—a 4-finger
scan from one hand.
• The departure portion of the CBP
Form I–94—this must be deposited into
a lockbox attached to the kiosk and the
departing alien will receive a receipt
verifying a successfully completed
checkout registration.
Additional Allocations for Midwest
Flood Community Development Block
Grant (CDBG) Disaster Recovery
Grantees under the Supplemental
Appropriations Act, 2008
Office of the Secretary, HUD.
Notice of allocations.
AGENCY:
ACTION:
SUMMARY: This notice advises the public
of the second allocation of CDBG
disaster recovery grants for the purpose
of assisting in the recovery in areas
covered by a declaration of major
disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)
as a result of natural disasters that were
recent as of the law’s enactment in June
2008. As described in the
supplementary information section of
this notice, HUD is authorized by statute
and regulations to waive statutory and
regulatory requirements and specify
alternative requirements, upon the
request of the state grantees. This notice
also describes how a state receiving an
allocation may implement the common
application, eligibility, and
administrative waivers and the common
alternative and statutory requirements
for the grants.
DATES: Effective Date: December 24,
2008.
FOR FURTHER INFORMATION CONTACT:
Jessie Handforth Kome, Director,
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Disaster Recovery and Special Issues
Division, Office of Block Grant
Assistance, Department of Housing and
Urban Development, 451 7th Street,
SW., Room 7286, Washington, DC
20410, telephone number 202–708–
3587. Persons with hearing or speech
impairments may access this number
through TTY by calling the Federal
Information Relay Service at 800–877–
8339. Facsimile inquiries may be sent to
Ms. Kome at 202–401–2044. (Except for
the ‘‘800’’ number, the telephone
numbers are not toll free.)
SUPPLEMENTARY INFORMATION:
Authority to Grant Waivers
The Supplemental Appropriations
Act, 2008 (Pub. L. 110–252, approved
June 30, 2008) (Supplemental
Appropriations Act) appropriates $300
million, to remain available until
expended, in CDBG funds for necessary
expenses related to disaster relief, longterm recovery, and restoration of
infrastructure in areas covered by a 2008
declaration of major disaster under title
IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.). The
Supplemental Appropriations Act
authorizes the Secretary to waive, or
specify alternative requirements for, any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or use by the recipient of these
funds and guarantees, except for
requirements related to fair housing,
nondiscrimination, labor standards, and
the environment (including
requirements concerning lead-based
paint), upon a request by the state and
a finding by the Secretary that such a
waiver would not be inconsistent with
the overall purpose of the statute.
Additionally, regulatory waiver
authority is provided by 24 CFR 5.110,
91.600, and 570.5.
On September 11, 2008, at 73 FR
52870, the Department published its
initial allocation for grant funds for the
CDBG disaster recovery grants funded
under the Supplemental Appropriations
Act. In that notice, the Department
noted that it would make two
allocations, one to the three most
affected states and a second when HUD
had more information to better
determine the needs of each state under
this appropriation. Today’s Federal
Register notice allocates the balance of
the $300 million allocation under the
Supplemental Appropriations Act.
Under the requirements of the
Department of Housing and Urban
Development Reform Act of 1989 (the
HUD Reform Act), regulatory waivers
must be justified and published in the
Federal Register.
Except as described in this notice,
statutory and regulatory provisions
governing the CDBG program for states,
including those at 24 CFR part 570,
shall apply to the use of these funds. In
accordance with the Supplemental
Appropriations Act, HUD will
reconsider every waiver granted under
this notice on the 2-year anniversary of
the day this notice is published.
Additional Waivers
Each state receiving an allocation may
request additional waivers from the
Department as needed to address the
specific needs related to that state’s
recovery activities. The Department will
respond separately to state requests for
waivers of provisions not covered in
this notice, after working with the state
to tailor the program to best meet the
unique disaster recovery needs in its
impacted areas.
Allocations
The Supplemental Appropriations
Act provides $300 million of
supplemental appropriation for the
CDBG program for:
Necessary expenses related to disaster
relief, long-term recovery, and restoration of
infrastructure in areas covered by a
declaration of major disaster under title IV of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) as a result of recent natural disasters.
The law further notes:
That funds provided under this heading
shall be administered through an entity or
entities designated by the Governor of each
state. Provided further, that funds allocated
under this heading shall not adversely affect
the amount of any formula assistance
received by a state under this heading:
Provided further, that each state may use up
to five percent of its allocation for
administrative costs.
Table 1, shown below, lists the states
receiving an allocation. Based on
preliminary data, Iowa, Indiana, and
Wisconsin received initial allocations
for a subset of the funds. Those
allocations were announced on August
4, 2008, and are included in the Table.
TABLE 1—FEDERALLY DECLARED DISASTER WITH AN INCIDENT DATE AND DECLARATION DATE IN MAY AND JUNE 2008
Disaster No.
Incident date
1753 .......................
1755 .......................
1756 .......................
3/20 to 5/19 ...........
4/28 to 5/14 ...........
5/10 to 5/13 ...........
1758 .......................
Declared
date
State
Disaster type
5/8/08
5/9/08
5/14/08
Mississippi ........
Maine ................
Oklahoma .........
5/2 to 5/12 .............
5/20/08
Arkansas ...........
1759 .......................
5/1 .........................
5/22/08
South Dakota ....
1760 .......................
1762 .......................
1763 .......................
5/10 to 5/11 ...........
5/21 .......................
5/25 and continuing
5/23/08
5/26/08
5/27/08
Missouri ............
Colorado ...........
Iowa ..................
Severe Storms and Flooding ................
Severe Storms and Flooding ................
Severe Storms, Tornadoes, and Flooding.
Severe Storms, Flooding, and Tornadoes.
Severe Winter Storm and Record and
Near Record Snow.
Severe Storms and Tornadoes ............
Severe Storms and Tornadoes ............
Severe Storms, Tornadoes, and Flooding.
1766 .......................
5/30–6/27 ..............
6/8/08
Indiana ..............
Severe Storms and Flooding ................
1767 .......................
1768 .......................
5/1 .........................
6/5 and continuing
6/13/08
6/14/08
Montana ...........
Wisconsin .........
Severe Winter Storms ..........................
Severe Storms, Tornadoes, and Flooding.
1769 .......................
6/3 to 6/7 ...............
6/19/08
West Virginia ....
Severe Storms, Tornadoes, Flooding,
Mudslides, and Landslides.
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Allocation
19DEN1
$2,281,287.
$2,187,114.
$1,793,876.
$4,747,501.
$1,987,271.
$3,519,866.
$589,651.
1st: $85,000,000.
2nd: $71,690,815.
Total: $156,690,815.
1st: $10,000,000.
2nd: $57,012,966.
Total: $67,012,966.
$666,672.
1st: $5,000,000.
2nd: $19,057,378.
Total: $24,057,378.
$3,127,935.
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
TABLE 1—FEDERALLY DECLARED DISASTER WITH AN INCIDENT DATE AND DECLARATION DATE IN MAY AND JUNE 2008—
Continued
Declared
date
Disaster No.
Incident date
1770 .......................
5/22 .......................
6/20/08
Nebraska ..........
1771 .......................
1772 .......................
1773 .......................
6/1 to 7/22 .............
6/7 to 6/12 .............
6/1 to 8/13 .............
6/24/08
6/25/08
6/25/08
Illinois ................
Minnesota .........
Missouri ............
The appropriation calls for funding
‘‘recent natural disasters.’’ Since this
appropriation was enacted on June 30,
2008, HUD has interpreted the language
of ‘‘recent natural disasters’’ to be the 16
major natural disasters with an incident
and declared date in May or June of
2008. There were no declared disasters
in April 2008, which allows for a
‘‘natural break.’’ This limited the
eligibility for an allocation to the 16
disasters shown in Table 1.
For the 16 natural disasters, HUD
calculated ‘‘unmet needs’’ for housing,
business, and infrastructure recovery.
Unmet needs are defined as follows:
1. Unmet housing needs. The number of
housing units with unmet needs times
the estimated cost to repair those units
(less repair funds already provided by
the Federal Emergency Management
Agency (FEMA)). Data were provided by
FEMA on October 1, 2008, and by the
Small Business Administration (SBA)
on October 3, 2008. Unmet housing
needs are calculated using three ‘‘levels
of FEMA damage’’—$8,001 to $15,000;
$15,001 to $28,800; and greater than
$28,800. Unmet housing needs exist
where:
a. The number of owner-occupied
units with unmet needs equals: Units
FEMA inspectors determined would
require more than $8,000 to become
habitable and that were determined by
FEMA to be eligible for a repair or
replacement grant (up to $28,800).
b. The number of rental units with
unmet needs equals: Units that FEMA
inspectors determined would require
more than $8,000 to become habitable
times the ‘‘unmet need rate’’ of owners.
That is, if 50 percent of owner-occupied
dwellings had damage not being
covered by insurance or an SBA loan for
a particular disaster, HUD assumes that
50 percent of rental units had damage
not covered by insurance or an SBA
loan.
c. The average cost to fully repair the
home equals: The average real-property
damage repair cost determined by the
SBA for its disaster loan program (less
the repair grant amount from FEMA) for
the subset of homes inspected by SBA.
Because SBA is inspecting for full-repair
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State
Disaster type
Severe
ing.
Severe
Severe
Severe
Storms, Tornadoes, and Flood-
$5,557,736.
Storms and Flooding ................
Storms and Flooding ................
Storms and Flooding ................
$17,341,434.
$925,926.
$7,512,572.
costs, it is a better estimate of the true
cost to repair.
2. Unmet business needs. The sum of
real-property and real-content loss of
small businesses applying for an SBA
disaster loan as verified by SBA
inspectors, less the real-property and
real-content loss approved for an SBA
loan. Data were provided by the SBA on
October 3, 2008.
3. Unmet infrastructure needs. The
sum of the ‘‘non-federal share’’ of costs
eligible for funding under FEMA’s
Public Assistance program. This reflects
the greater of the current FEMA estimate
of costs or the amount specifically
determined eligible through FEMA’s
Public Assistance Worksheets. Data
were provided by FEMA as of October
22, 2008.
Waiver Justification
The waivers, alternative requirements,
and statutory changes described in the
September 11, 2008, notice apply to the
CDBG supplemental disaster recovery
funds appropriated in the Supplemental
Appropriations Act, not to funds
provided under the regular CDBG
program. These actions provide
additional flexibility in program design
and implementation and implement
statutory requirements unique to this
appropriation. The September 11, 2008,
notice provides further justification for
the waivers.
Application for Allocations Under the
Supplemental Appropriations Act
The waivers and alternative
requirements streamline the pre-grant
process and set the guidelines for states’
applications requesting their
allocations. A state receiving an
allocation under this notice will be
granted the waivers and alternative
requirements provided in the September
11, 2008, notice if the state requests in
writing that HUD grant it the waivers
and alternative requirements of that
notice and describes good cause why
such waivers should be granted. HUD
encourages each grantee that receives an
allocation under this notice to submit an
Action Plan for Disaster Recovery to
HUD as soon as practicable following an
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Allocation
allocation announcement. By March 13,
2009, if a state has: (1) Failed to submit
a substantially complete application, (2)
submitted an application for less than
its total allocation, or (3) waived its
rights to the entire allocation, HUD may
notify the state of the reduction in its
allocation amount and proceed to
reallocate the funds to another state
receiving disaster recovery funds under
this notice.
Applicable Rules, Statutes, Waivers,
and Alternative Requirements
1. General note. Prerequisites to a
grantee’s receipt of CDBG disaster
recovery assistance include adoption of
a citizen participation plan; publication
of its proposed Action Plan for Disaster
Recovery; public notice and comment;
and submission of an Action Plan for
Disaster Recovery to HUD, including
certifications. Except as described in
this notice, statutory and regulatory
provisions governing the CDBG program
for states, including those at 42 U.S.C.
5301 et seq. and 24 CFR part 570, shall
apply to the use of these funds.
2. The waivers provided in the
September 11, 2008, notice will be
granted and the alternative requirements
of that notice provided to a state that
receives an allocation of grant funds
under this notice and that requests in
writing that HUD grant it the waivers
and alternative requirements of that
notice and describes good cause for
granting such waivers.
Duration of Funding
Availability of funds provisions in 31
U.S.C. 1551–1557, added by section
1405 of the National Defense
Authorization Act for Fiscal Year 1991
(Pub. L. 101–510), limit the availability
of certain appropriations for
expenditure. This limitation may not be
waived. However, the Supplemental
Appropriations Act for these grants
directs that these funds be available
until expended unless, in accordance
with 31 U.S.C. 1555, the Department
determines that the purposes for which
the appropriation has been made have
been carried out and no disbursement
has been made against the appropriation
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
for 2 consecutive fiscal years. In such
case, the Department shall close out the
grant prior to expenditure of all funds.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers for the disaster
recovery grants under this notice are as
follows: 14.219; 14.228.
Finding of No Significant Impact
A Finding of No Significant Impact
(FONSI) with respect to the
environment has been made in
accordance with HUD regulations at 24
CFR part 50, which implement section
102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). The
FONSI is available for public inspection
between 8 a.m. and 5 p.m. weekdays in
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10276,
Washington, DC 20410–0500. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the docket file
must be scheduled by calling the
Regulations Division at 202–708–3055
(this is not a toll-free number). Hearing
or speech-impaired individuals may
access this number through TTY by
calling the toll-free Federal Information
Relay Service at 800–877–8339.
Dated: December 9, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E8–30185 Filed 12–18–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5186–N–51]
Federal Property Suitable as Facilities
To Assist the Homeless
AGENCY: Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
SUMMARY: This Notice identifies
unutilized, underutilized, excess, and
surplus Federal property reviewed by
HUD for suitability for possible use to
assist the homeless.
FOR FURTHER INFORMATION CONTACT:
Kathy Ezzell, Department of Housing
and Urban Development, 451 Seventh
Street SW., Room 7266, Washington, DC
20410; telephone (202) 708–1234; TTY
number for the hearing- and speechimpaired (202) 708–2565 (these
telephone numbers are not toll-free), or
call the toll-free Title V information line
at 800–927–7588.
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
In
accordance with 24 CFR part 581 and
section 501 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C.
11411), as amended, HUD is publishing
this Notice to identify Federal buildings
and other real property that HUD has
reviewed for suitability for use to assist
the homeless. The properties were
reviewed using information provided to
HUD by Federal landholding agencies
regarding unutilized and underutilized
buildings and real property controlled
by such agencies or by GSA regarding
its inventory of excess or surplus
Federal property. This Notice is also
published in order to comply with the
December 12, 1988 Court Order in
National Coalition for the Homeless v.
Veterans Administration, No. 88–2503–
OG (D.D.C.).
Properties reviewed are listed in this
Notice according to the following
categories: Suitable/available, suitable/
unavailable, suitable/to be excess, and
unsuitable. The properties listed in the
three suitable categories have been
reviewed by the landholding agencies,
and each agency has transmitted to
HUD: (1) Its intention to make the
property available for use to assist the
homeless, (2) its intention to declare the
property excess to the agency’s needs, or
(3) a statement of the reasons that the
property cannot be declared excess or
made available for use as facilities to
assist the homeless.
Properties listed as suitable/available
will be available exclusively for
homeless use for a period of 60 days
from the date of this Notice. Where
property is described as for ‘‘off-site use
only’’ recipients of the property will be
required to relocate the building to their
own site at their own expense.
Homeless assistance providers
interested in any such property should
send a written expression of interest to
HHS, addressed to Theresa Rita,
Division of Property Management,
Program Support Center, HHS, room
5B–17, 5600 Fishers Lane, Rockville,
MD 20857; (301) 443–2265. (This is not
a toll-free number.) HHS will mail to the
interested provider an application
packet, which will include instructions
for completing the application. In order
to maximize the opportunity to utilize a
suitable property, providers should
submit their written expressions of
interest as soon as possible. For
complete details concerning the
processing of applications, the reader is
encouraged to refer to the interim rule
governing this program, 24 CFR part
581.
For properties listed as suitable/to be
excess, that property may, if
subsequently accepted as excess by
SUPPLEMENTARY INFORMATION:
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77821
GSA, be made available for use by the
homeless in accordance with applicable
law, subject to screening for other
Federal use. At the appropriate time,
HUD will publish the property in a
Notice showing it as either suitable/
available or suitable/unavailable.
For properties listed as suitable/
unavailable, the landholding agency has
decided that the property cannot be
declared excess or made available for
use to assist the homeless, and the
property will not be available.
Properties listed as unsuitable will
not be made available for any other
purpose for 20 days from the date of this
Notice. Homeless assistance providers
interested in a review by HUD of the
determination of unsuitability should
call the toll free information line at 1–
800–927–7588 for detailed instructions
or write a letter to Mark Johnston at the
address listed at the beginning of this
Notice. Included in the request for
review should be the property address
(including zip code), the date of
publication in the Federal Register, the
landholding agency, and the property
number.
For more information regarding
particular properties identified in this
Notice (i.e., acreage, floor plan, existing
sanitary facilities, exact street address),
providers should contact the
appropriate landholding agencies at the
following addresses: Energy: Mr. Mark
Price, Department of Energy, Office of
Engineering & Construction
Management, MA–50, 1000
Independence Ave, SW., Washington,
DC 20585: (202) 586–5422; GSA: Mr.
John Smith, Deputy Assistant
Commissioner, General Services
Administration, Office of Property
Disposal, 18th & F Streets, NW.,
Washington, DC 20405; (202) 501–0084;
NAVY: Mrs. Mary Arndt, Acting
Director, Department of the Navy, Real
Estate Services, Naval Facilities
Engineering Command, Washington
Navy Yard, 1322 Patterson Ave., SE.,
Suite 1000, Washington, DC 20374–
5065; (202) 685–9305 (These are not
toll-free numbers).
Dated: December 11, 2008.
Mark R. Johnston,
Deputy Assistant Secretary for Special Needs.
Title V, Federal Surplus Property Program
Federal Register Report for 12/19/2008
Suitable/Available Properties
Building
California
Boyle Heights SSA Bldg.
N. Breed St.
Los Angeles, CA 90033
Landholding Agency: GSA
Property Number: 54200840010
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]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77818-77821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30185]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5250-N-02]
Additional Allocations for Midwest Flood Community Development
Block Grant (CDBG) Disaster Recovery Grantees under the Supplemental
Appropriations Act, 2008
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of allocations.
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SUMMARY: This notice advises the public of the second allocation of
CDBG disaster recovery grants for the purpose of assisting in the
recovery in areas covered by a declaration of major disaster under
title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) as a result of natural
disasters that were recent as of the law's enactment in June 2008. As
described in the supplementary information section of this notice, HUD
is authorized by statute and regulations to waive statutory and
regulatory requirements and specify alternative requirements, upon the
request of the state grantees. This notice also describes how a state
receiving an allocation may implement the common application,
eligibility, and administrative waivers and the common alternative and
statutory requirements for the grants.
DATES: Effective Date: December 24, 2008.
FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Director,
[[Page 77819]]
Disaster Recovery and Special Issues Division, Office of Block Grant
Assistance, Department of Housing and Urban Development, 451 7th
Street, SW., Room 7286, Washington, DC 20410, telephone number 202-708-
3587. Persons with hearing or speech impairments may access this number
through TTY by calling the Federal Information Relay Service at 800-
877-8339. Facsimile inquiries may be sent to Ms. Kome at 202-401-2044.
(Except for the ``800'' number, the telephone numbers are not toll
free.)
SUPPLEMENTARY INFORMATION:
Authority to Grant Waivers
The Supplemental Appropriations Act, 2008 (Pub. L. 110-252,
approved June 30, 2008) (Supplemental Appropriations Act) appropriates
$300 million, to remain available until expended, in CDBG funds for
necessary expenses related to disaster relief, long-term recovery, and
restoration of infrastructure in areas covered by a 2008 declaration of
major disaster under title IV of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The Supplemental
Appropriations Act authorizes the Secretary to waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or use by the recipient of these funds and
guarantees, except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment (including
requirements concerning lead-based paint), upon a request by the state
and a finding by the Secretary that such a waiver would not be
inconsistent with the overall purpose of the statute. Additionally,
regulatory waiver authority is provided by 24 CFR 5.110, 91.600, and
570.5.
On September 11, 2008, at 73 FR 52870, the Department published its
initial allocation for grant funds for the CDBG disaster recovery
grants funded under the Supplemental Appropriations Act. In that
notice, the Department noted that it would make two allocations, one to
the three most affected states and a second when HUD had more
information to better determine the needs of each state under this
appropriation. Today's Federal Register notice allocates the balance of
the $300 million allocation under the Supplemental Appropriations Act.
Under the requirements of the Department of Housing and Urban
Development Reform Act of 1989 (the HUD Reform Act), regulatory waivers
must be justified and published in the Federal Register.
Except as described in this notice, statutory and regulatory
provisions governing the CDBG program for states, including those at 24
CFR part 570, shall apply to the use of these funds. In accordance with
the Supplemental Appropriations Act, HUD will reconsider every waiver
granted under this notice on the 2-year anniversary of the day this
notice is published.
Additional Waivers
Each state receiving an allocation may request additional waivers
from the Department as needed to address the specific needs related to
that state's recovery activities. The Department will respond
separately to state requests for waivers of provisions not covered in
this notice, after working with the state to tailor the program to best
meet the unique disaster recovery needs in its impacted areas.
Allocations
The Supplemental Appropriations Act provides $300 million of
supplemental appropriation for the CDBG program for:
Necessary expenses related to disaster relief, long-term
recovery, and restoration of infrastructure in areas covered by a
declaration of major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) as a result of recent natural disasters.
The law further notes:
That funds provided under this heading shall be administered
through an entity or entities designated by the Governor of each
state. Provided further, that funds allocated under this heading
shall not adversely affect the amount of any formula assistance
received by a state under this heading: Provided further, that each
state may use up to five percent of its allocation for
administrative costs.
Table 1, shown below, lists the states receiving an allocation.
Based on preliminary data, Iowa, Indiana, and Wisconsin received
initial allocations for a subset of the funds. Those allocations were
announced on August 4, 2008, and are included in the Table.
Table 1--Federally Declared Disaster With an Incident Date and Declaration Date in May and June 2008
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Declared
Disaster No. Incident date date State Disaster type Allocation
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1753............................. 3/20 to 5/19........ 5/8/08 Mississippi.............. Severe Storms and $2,281,287.
Flooding.
1755............................. 4/28 to 5/14........ 5/9/08 Maine.................... Severe Storms and $2,187,114.
Flooding.
1756............................. 5/10 to 5/13........ 5/14/08 Oklahoma................. Severe Storms, $1,793,876.
Tornadoes, and
Flooding.
1758............................. 5/2 to 5/12......... 5/20/08 Arkansas................. Severe Storms, $4,747,501.
Flooding, and
Tornadoes.
1759............................. 5/1................. 5/22/08 South Dakota............. Severe Winter Storm $1,987,271.
and Record and
Near Record Snow.
1760............................. 5/10 to 5/11........ 5/23/08 Missouri................. Severe Storms and $3,519,866.
Tornadoes.
1762............................. 5/21................ 5/26/08 Colorado................. Severe Storms and $589,651.
Tornadoes.
1763............................. 5/25 and continuing. 5/27/08 Iowa..................... Severe Storms, 1st: $85,000,000.
Tornadoes, and 2nd: $71,690,815.
Flooding. Total: $156,690,815.
1766............................. 5/30-6/27........... 6/8/08 Indiana.................. Severe Storms and 1st: $10,000,000.
Flooding. 2nd: $57,012,966.
Total: $67,012,966.
1767............................. 5/1................. 6/13/08 Montana.................. Severe Winter $666,672.
Storms.
1768............................. 6/5 and continuing.. 6/14/08 Wisconsin................ Severe Storms, 1st: $5,000,000.
Tornadoes, and 2nd: $19,057,378.
Flooding. Total: $24,057,378.
1769............................. 6/3 to 6/7.......... 6/19/08 West Virginia............ Severe Storms, $3,127,935.
Tornadoes,
Flooding,
Mudslides, and
Landslides.
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1770............................. 5/22................ 6/20/08 Nebraska................. Severe Storms, $5,557,736.
Tornadoes, and
Flooding.
1771............................. 6/1 to 7/22......... 6/24/08 Illinois................. Severe Storms and $17,341,434.
Flooding.
1772............................. 6/7 to 6/12......... 6/25/08 Minnesota................ Severe Storms and $925,926.
Flooding.
1773............................. 6/1 to 8/13......... 6/25/08 Missouri................. Severe Storms and $7,512,572.
Flooding.
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The appropriation calls for funding ``recent natural disasters.''
Since this appropriation was enacted on June 30, 2008, HUD has
interpreted the language of ``recent natural disasters'' to be the 16
major natural disasters with an incident and declared date in May or
June of 2008. There were no declared disasters in April 2008, which
allows for a ``natural break.'' This limited the eligibility for an
allocation to the 16 disasters shown in Table 1.
For the 16 natural disasters, HUD calculated ``unmet needs'' for
housing, business, and infrastructure recovery. Unmet needs are defined
as follows:
1. Unmet housing needs. The number of housing units with unmet needs
times the estimated cost to repair those units (less repair funds
already provided by the Federal Emergency Management Agency (FEMA)).
Data were provided by FEMA on October 1, 2008, and by the Small
Business Administration (SBA) on October 3, 2008. Unmet housing needs
are calculated using three ``levels of FEMA damage''--$8,001 to
$15,000; $15,001 to $28,800; and greater than $28,800. Unmet housing
needs exist where:
a. The number of owner-occupied units with unmet needs equals:
Units FEMA inspectors determined would require more than $8,000 to
become habitable and that were determined by FEMA to be eligible for a
repair or replacement grant (up to $28,800).
b. The number of rental units with unmet needs equals: Units that
FEMA inspectors determined would require more than $8,000 to become
habitable times the ``unmet need rate'' of owners. That is, if 50
percent of owner-occupied dwellings had damage not being covered by
insurance or an SBA loan for a particular disaster, HUD assumes that 50
percent of rental units had damage not covered by insurance or an SBA
loan.
c. The average cost to fully repair the home equals: The average
real-property damage repair cost determined by the SBA for its disaster
loan program (less the repair grant amount from FEMA) for the subset of
homes inspected by SBA. Because SBA is inspecting for full-repair
costs, it is a better estimate of the true cost to repair.
2. Unmet business needs. The sum of real-property and real-content
loss of small businesses applying for an SBA disaster loan as verified
by SBA inspectors, less the real-property and real-content loss
approved for an SBA loan. Data were provided by the SBA on October 3,
2008.
3. Unmet infrastructure needs. The sum of the ``non-federal share''
of costs eligible for funding under FEMA's Public Assistance program.
This reflects the greater of the current FEMA estimate of costs or the
amount specifically determined eligible through FEMA's Public
Assistance Worksheets. Data were provided by FEMA as of October 22,
2008.
Waiver Justification
The waivers, alternative requirements, and statutory changes
described in the September 11, 2008, notice apply to the CDBG
supplemental disaster recovery funds appropriated in the Supplemental
Appropriations Act, not to funds provided under the regular CDBG
program. These actions provide additional flexibility in program design
and implementation and implement statutory requirements unique to this
appropriation. The September 11, 2008, notice provides further
justification for the waivers.
Application for Allocations Under the Supplemental Appropriations Act
The waivers and alternative requirements streamline the pre-grant
process and set the guidelines for states' applications requesting
their allocations. A state receiving an allocation under this notice
will be granted the waivers and alternative requirements provided in
the September 11, 2008, notice if the state requests in writing that
HUD grant it the waivers and alternative requirements of that notice
and describes good cause why such waivers should be granted. HUD
encourages each grantee that receives an allocation under this notice
to submit an Action Plan for Disaster Recovery to HUD as soon as
practicable following an allocation announcement. By March 13, 2009, if
a state has: (1) Failed to submit a substantially complete application,
(2) submitted an application for less than its total allocation, or (3)
waived its rights to the entire allocation, HUD may notify the state of
the reduction in its allocation amount and proceed to reallocate the
funds to another state receiving disaster recovery funds under this
notice.
Applicable Rules, Statutes, Waivers, and Alternative Requirements
1. General note. Prerequisites to a grantee's receipt of CDBG
disaster recovery assistance include adoption of a citizen
participation plan; publication of its proposed Action Plan for
Disaster Recovery; public notice and comment; and submission of an
Action Plan for Disaster Recovery to HUD, including certifications.
Except as described in this notice, statutory and regulatory provisions
governing the CDBG program for states, including those at 42 U.S.C.
5301 et seq. and 24 CFR part 570, shall apply to the use of these
funds.
2. The waivers provided in the September 11, 2008, notice will be
granted and the alternative requirements of that notice provided to a
state that receives an allocation of grant funds under this notice and
that requests in writing that HUD grant it the waivers and alternative
requirements of that notice and describes good cause for granting such
waivers.
Duration of Funding
Availability of funds provisions in 31 U.S.C. 1551-1557, added by
section 1405 of the National Defense Authorization Act for Fiscal Year
1991 (Pub. L. 101-510), limit the availability of certain
appropriations for expenditure. This limitation may not be waived.
However, the Supplemental Appropriations Act for these grants directs
that these funds be available until expended unless, in accordance with
31 U.S.C. 1555, the Department determines that the purposes for which
the appropriation has been made have been carried out and no
disbursement has been made against the appropriation
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for 2 consecutive fiscal years. In such case, the Department shall
close out the grant prior to expenditure of all funds.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grants under this notice are as follows: 14.219; 14.228.
Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332). The FONSI is
available for public inspection between 8 a.m. and 5 p.m. weekdays in
the Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street, SW., Room 10276,
Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, an advance appointment to review the docket file
must be scheduled by calling the Regulations Division at 202-708-3055
(this is not a toll-free number). Hearing or speech-impaired
individuals may access this number through TTY by calling the toll-free
Federal Information Relay Service at 800-877-8339.
Dated: December 9, 2008.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E8-30185 Filed 12-18-08; 8:45 am]
BILLING CODE 4210-67-P
