Additional Waivers Granted to and Alternative Requirements for the State of Illinois' CDBG Disaster Recovery Grant Under Public Law 110-329, 65368-65370 [2010-26777]
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65368
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices
3 (PAR) Bldgs.
Coast Guard Base Support Unit
Honolulu HI
Landholding Agency: Coast Guard
Property Number: 88201040001
Status: Unutilized
Reasons: Secured Area, Extensive
deterioration
Illinois
5 Bldgs.
Naval Station
Great Lakes IL 60088
Landholding Agency: Navy
Property Number: 77201040007
Status: Unutilized
Directions: 323, 430, 431, 432, 837
Reasons: Secured Area
New Mexico
Bldg. 15–0562
Los Alamos National Lab
Los Alamos NM 87545
Landholding Agency: Energy
Property Number: 41201040002
Status: Unutilized
Reasons: Extensive deterioration, Secured
Area
Tennessee
37 Elkmont Bldgs.
Great Smoky Mountains
National Park
Sevier TN 37886
Landholding Agency: Interior
Property Number: 61201040003
Status: Unutilized
Reasons: Extensive deterioration
allocation and application notices
applicable to this grant on February 13,
2009 (74 FR 7244), and August 14, 2009
(74 FR 41146).
DATES: Effective Date: October 27, 2010.
FOR FURTHER INFORMATION CONTACT:
Scott Davis, Director, 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 via TTY by calling
the Federal Information Relay Service at
telephone number 800–877–8339.
Facsimile inquiries may be sent to Mr.
Davis at facsimile number 202–401–
2044. (Except for the ‘‘800’’ number,
these telephone numbers are not toll
free.)
SUPPLEMENTARY INFORMATION:
Land
Hawaii
Land/395 sq. ft.
Marine Corps Base
Bellows HI 96795
Landholding Agency: Navy
Property Number: 77201040006
Status: Underutilized
Reasons: Secured Area
[FR Doc. 2010–26293 Filed 10–21–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5441–N–01]
Additional Waivers Granted to and
Alternative Requirements for the State
of Illinois’ CDBG Disaster Recovery
Grant Under Public Law 110–329
Office of the Secretary, HUD.
Notice of additional waivers and
alternative requirements.
AGENCY:
emcdonald on DSK2BSOYB1PROD with NOTICES
ACTION:
This notice describes
additional waivers and alternative
requirements applicable to the
Community Development Block Grant
(CDBG) disaster recovery grant provided
to the State of Illinois for the purpose of
assisting in the recovery related to the
consequences of the State’s 2008
disasters. HUD previously published
SUMMARY:
VerDate Mar<15>2010
17:43 Oct 21, 2010
Jkt 223001
Authority To Grant Waivers
The Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, 2009 (Pub. L. 110–
329, approved September 30, 2008)
(hereinafter, ‘‘Second 2008 Act’’ to
differentiate it from the earlier 2008
Supplemental Appropriations Act,
Public Law 110–252, approved June 30,
2008) appropriated $6.5 billion, to
remain available until expended, in
CDBG funds for necessary expenses
related to disaster relief, long-term
recovery, and restoration of
infrastructure, housing and economic
revitalization in areas affected by
hurricanes, flooding, and other natural
disasters occurring during 2008 for
which the President declared a major
disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
The Second 2008 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 a
state grantee explaining why such
waiver is required to facilitate the use of
such funds or guarantees and a finding
by the Secretary that such a waiver
would not be inconsistent with the
overall purpose of Title I of the Housing
and Community Development Act of
1974 (HCD Act). Additionally,
regulatory waiver authority is provided
by 24 CFR 5.110, 91.600, and 570.5. The
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Frm 00077
Fmt 4703
Sfmt 4703
following application and reporting
waivers and alternative requirements
are in response to a request received
from the State of Illinois regarding its
use of funds under the Second 2008 Act.
The Secretary finds that the following
waivers and alternative requirements, as
described below, are necessary to
facilitate use of the funds for the
statutory purposes and are not
inconsistent with the overall purpose of
Title I of the HCD Act or the CranstonGonzalez National Affordable Housing
Act, as amended.
Under the requirements of the Second
2008 Act and 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 Second
2008 Act, HUD will reconsider every
waiver in this Notice on the two-year
anniversary of the day this Notice is
published.
Waiver Justification
Except as described below, the
waivers, alternative requirements, and
statutory changes published in notices
on February 13, 2009 (74 FR 7244) and
August 14, 2009 (74 FR 41146) will
continue to apply to the State’s CDBG
disaster recovery funds appropriated
under the Second 2008 Act (Pub. L.
110–329). The actions below provide
additional flexibility in program design
and implementation and implement
statutory requirements unique to this
appropriation. The provisions of this
Notice do not apply to funds provided
under the annual CDBG program.
National Objective Documentation for
Economic Development Activities. For
the national objective documentation for
business assistance activities, Illinois
has asked to apply individual salaries or
wages per job and the income limits for
a household of one, rather than the
usual CDBG standard of total household
income and the limits-by-total
household size. Illinois has asserted that
this proposed documentation would be
simpler and quicker for participating
lenders to administer, easier to verify,
and would not misrepresent the amount
of low- and moderate-income benefit
provided. Upon consideration, HUD is
granting this waiver, which has also
been granted to a number of other state
grantees under the Second 2008 Act. It
will play a key role in streamlining the
State’s documentation process because
it allows collection of wage data for
E:\FR\FM\22OCN1.SGM
22OCN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices
each position created or retained from
the assisted businesses, rather than from
each individual household.
Eligibility—buildings for the general
conduct of government. Illinois has
requested a limited waiver of the
prohibition on funding buildings for the
general conduct of government as many
of these buildings were damaged by the
2008 disasters. HUD has considered this
request and agrees that it is consistent
with the overall purposes of the 1974
Act. Therefore, Illinois may use funds
provided under the Second 2008 Act to
repair or reconstruct buildings used for
the general conduct of government so
long as (1) the buildings are selected in
accordance with a method described in
the State’s Action Plan for Disaster
Recovery, and (2) the State determines
that the selected buildings have
substantial value in promoting disaster
recovery. However, as stipulated by the
Second 2008 Act, funds may not be
used for activities reimbursable by, or
for which funds are made available by,
the Federal Emergency Management
Agency or the Army Corps of Engineers.
Public benefit for certain economic
development activities. Illinois has
requested a waiver of the public benefit
standards for certain economic
development activities. The public
benefit provisions set standards for
individual economic development
activities (such as a single loan to a
business) and for economic
development activities in the annual
aggregate. Currently, public benefit
standards limit the amount of CDBG
assistance per job retained or created, or
the amount of CDBG assistance per low
and moderate-income person to which
goods or services are provided by the
activity. Essentially, the public benefit
standards are a proxy for all the other
possible public benefits provided by an
assisted activity. These dollar
thresholds were set more than a decade
ago and under disaster recovery
conditions (which often require a larger
investment to achieve a given result),
can be too low and thus impede
recovery by limiting the amount of
assistance the grantee may provide to a
critical activity.
After consideration, this Notice
waives the public benefit standards for
the cited activities, except that the State
shall report and maintain
documentation on the creation and
retention of (a) Total jobs, (b) number of
jobs within certain salary ranges, (c) the
average amount of assistance per job
and activity or program, and (d) the
types of jobs. As a conforming change
for the same activities or programs, HUD
is also waiving paragraph (g) of 24 CFR
570.482 to the extent its provisions are
VerDate Mar<15>2010
17:43 Oct 21, 2010
Jkt 223001
related to public benefit. Illinois has
made public in its Action Plan the
disaster recovery needs each activity is
addressing.
Housing incentives to resettle in
disaster-affected communities. The
State believes that incentives are vital to
encourage its citizens to move out of
harms’ way to safer areas outside the
100 year floodplain. Upon
consideration, the Department is
waiving 42 U.S.C 5305(a) of the 1974
Act and associated regulations to permit
the State to offer disaster recovery or
mitigation housing incentives to
promote housing development or
resettlement in particular geographic
areas.
Limitation on emergency grant
payments. HUD is waiving 42 U.S.C.
5305(a) to allow the State to extend
interim mortgage assistance to qualified
individuals for up to 20 months. The
State plans to create an Interim
Mortgage Assistance Program to assist
homeowners (likely to be applicants in
the State’s future buyout program) with
mortgage payments and other eligible
property carrying costs while they may
be living in temporary housing. As it
takes more than three months for buyout
decisions to be made and implemented,
this will provide key assistance to
qualified homeowners during this
interim period.
Applicable Rules, Statutes, Waivers,
and Alternative Requirements
1. Except as described in this Notice,
statutory and regulatory provisions
governing the Community Development
Block Grant program for states,
including those at 42 U.S.C. 5301 et seq.
and 24 CFR part 570, and those
described in Federal Register notices 74
FR 7244 and 74 FR 41146, shall apply
to the use of these funds. Also, please
note that any program changes
implemented as a result of the waivers
published in today’s Notice must be in
accordance with the State’s approved
Action Plan for Disaster Recovery.
2. National Objective Documentation
for Economic Development Activities.
24 CFR 570.483(b)(4)(i) is waived to
allow the State to establish low- and
moderate-income jobs benefit by
documenting for each person employed
the name of the business, type of job,
and the annual wages or salary of the
job. HUD will consider the person
income-qualified if the annual wages or
salary of the job is at or under the HUDestablished income limit for a oneperson family.
3. Buildings for the general conduct of
government. 42 U.S.C. 5305(a) and
associated regulations are waived to the
extent necessary to allow Illinois to
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Fmt 4703
Sfmt 4703
65369
fund the rehabilitation or reconstruction
of public buildings that are otherwise
ineligible and that the State selects in
accordance with its approved Action
Plan for Disaster Recovery and that the
State has determined have substantial
value in promoting disaster recovery.
4. Public benefit for certain economic
development activities. For economic
development activities designed to
create or retain jobs or businesses
(including but not limited to long-term,
short-term, and infrastructure projects),
the public benefit standards at 42 U.S.C.
5305(e)(3) and 24 CFR 570.482(f)(1), (2),
(3), (4)(i), (5), and (6) are waived, except
that the State shall report and maintain
documentation on the creation and
retention of total jobs, the number of
jobs within certain salary ranges, the
average amount of assistance provided
per job by activity or program, and the
types of jobs. Paragraph (g) of 24 CFR
570.482 is also waived to the extent its
provisions are related to public benefit.
5. Housing incentives to resettle in
disaster-affected communities. 42 U.S.C
5305(a) of the 1974 Act and associated
regulations are waived to permit the
State to offer disaster recovery or
mitigation housing incentives to
promote housing development or
resettlement in particular geographic
areas. The incentives must be in
accordance with State’s approved
Action Plan and published program
design(s), and the State must maintain
documentation that the costs are
necessary and reasonable.
6. Limitation on emergency grant
payments. 42 U.S.C. 5305(a) is waived
so that Illinois can use funds under the
Second 2008 Act to extend interim
mortgage assistance to qualified
individuals for up to 20 months.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers for the disaster
recovery grant under this Notice are as
follows: 14.218 and 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, Room
10276, 451 7th Street, SW., Washington,
DC 20410–0500. Due to security
measures at the HUD Headquarters
building, an advance appointment to
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65370
Federal Register / Vol. 75, No. 204 / Friday, October 22, 2010 / Notices
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 speechimpaired individuals may access this
number through TTY by calling the tollfree Federal Information Relay Service
at 800–877–8339.
Dated: October 4, 2010.
´
Mercedes M. Marquez,
Assistant Secretary for Community Planning
and Development.
[FR Doc. 2010–26777 Filed 10–21–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–R–2010–N152; 60138–1265–
6CCP–S3]
National Elk Refuge, Jackson, WY;
Comprehensive Conservation Plan and
Environmental Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent; request for
comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), intend to
prepare a comprehensive conservation
plan (CCP) and environmental
assessment (EA) for the National Elk
Refuge in Jackson, Wyoming. We
provide this notice in compliance with
our CCP policy to advise other Federal
and State agencies, Tribes, and the
public of our intentions, and to obtain
suggestions and information on the
scope of issues to consider in the
planning process.
DATES: To ensure consideration, please
send your written comments by
November 22, 2010. Submit comments
by one of the methods under
ADDRESSES. We will announce
opportunities for public input in local
news media throughout the CCP
process.
SUMMARY:
Send your comments or
requests for more information by any of
the following methods.
E-mail: nationalelkrefuge@fws.gov.
Include ‘‘National Elk Refuge CCP’’ in
the subject line of the message.
Fax: Attn: Toni Griffin, Planning
Team Leader, 303–236–4792.
U.S. Mail: Toni Griffin, Planning
Team Leader, Division of Refuge
Planning, 134 Union Blvd., Suite 300,
Lakewood, CO 80228.
In-Person Drop-off: You may drop off
comments during regular business hours
at the above address, or at the National
emcdonald on DSK2BSOYB1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
17:43 Oct 21, 2010
Jkt 223001
Elk Refuge office located at 675 E.
Broadway, Jackson, WY 83001.
Toni
Griffin, 303–236–4378 (phone); or David
C. Lucas, Chief, Division of Planning,
P.O. Box 25486, Denver Federal Center,
Denver, CO 80228.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Introduction
With this notice, we initiate our
process for developing a CCP for the
National Elk Refuge in Jackson, WY.
This notice complies with our CCP
policy to (1) advise other Federal and
State agencies, Tribes, and the public of
our intention to conduct detailed
planning on this refuge and (2) to obtain
suggestions and information on the
scope of issues to consider in the
environmental document and during
development of the CCP.
Background
The CCP Process
The National Wildlife Refuge System
Administration Act of 1966 as amended
(16 U.S.C. 668dd–668ee)
(Administration Act) by the National
Wildlife Refuge System Improvement
Act of 1997, requires us to develop a
CCP for each national wildlife refuge.
The purpose for developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public including, where
appropriate, opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Administration Act.
Each unit of the National Wildlife
Refuge System was established for
specific purposes. We use these
purposes as the foundation for
developing and prioritizing the
management goals and objectives for
each refuge within the National Wildlife
Refuge System, and to determine how
the public can use each refuge. The
planning process is a way for us and the
public to evaluate management goals
and objectives that will ensure the best
possible approach to wildlife, plant, and
habitat conservation, while providing
for wildlife-dependent recreation
opportunities that are compatible with
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
each refuge’s establishing purposes and
the mission of the National Wildlife
Refuge System.
Our CCP process provides
participation opportunities for Tribal,
State, and local governments; agencies;
organizations; and the public. At this
time we encourage input in the form of
issues, concerns, ideas, and suggestions
for the future management of the
National Elk Refuge.
We will conduct the environmental
review of this project and develop an
EA in accordance with the requirements
of the National Environmental Policy
Act of 1969, as amended (NEPA) (42
U.S.C. 4321 et seq.); NEPA regulations
(40 CFR parts 1500–1508); other
appropriate Federal laws and
regulations; and our policies and
procedures for compliance with those
laws and regulations.
National Elk Refuge
The National Elk Refuge was
established in 1912 as a ‘‘winter game
(elk) reserve’’ (37 Stat. 293, 16 USC 673),
and the following year Congress
designated the area as ‘‘a winter elk
refuge’’ (37 Stat. 847). In 1921 all lands
included in the refuge, or that might be
added in the future, were reserved and
set apart as ‘‘refuges and breeding
grounds for birds’’ [Executive Order (EO)
3596], which was affirmed in 1922 (EO
3741). In 1927 the refuge was expanded
to provide ‘‘for the grazing of, and as a
refuge for, American elk and other big
game animals’’ (44 Stat. 1246, 16 USC
673a). These purposes apply to all or
most of the lands now within the refuge.
Several parcels have been added to the
refuge specifically for the conservation
of fish and wildlife (Fish and Wildlife
Act of 1956), the development of
wildlife-oriented recreational
opportunities (Refuge Recreation Act of
1962, 16 U.S.C. 460k–l), the protection
of natural resources, and the
conservation of threatened and
endangered species (Endangered
Species Act of 1973).
The refuge is located in Teton County,
Wyoming. A wide variety of habitats are
found on the National Elk Refuge,
including grassy meadows, marshes,
timbered areas, sagebrush, and rocky
outcroppings. Between November and
May, the wildlife concentrations and
diversity provide spectacular wildlife
viewing opportunities.
The refuge’s nearly 25,000 acres
provide a winter home for one of the
largest wintering concentrations of elk.
In addition to the large elk herds, a freeroaming bison herd winters at the
refuge.
A variety of waterfowl, including
trumpeter swans, can be seen on nearly
E:\FR\FM\22OCN1.SGM
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Agencies
[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65368-65370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26777]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5441-N-01]
Additional Waivers Granted to and Alternative Requirements for
the State of Illinois' CDBG Disaster Recovery Grant Under Public Law
110-329
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of additional waivers and alternative requirements.
-----------------------------------------------------------------------
SUMMARY: This notice describes additional waivers and alternative
requirements applicable to the Community Development Block Grant (CDBG)
disaster recovery grant provided to the State of Illinois for the
purpose of assisting in the recovery related to the consequences of the
State's 2008 disasters. HUD previously published allocation and
application notices applicable to this grant on February 13, 2009 (74
FR 7244), and August 14, 2009 (74 FR 41146).
DATES: Effective Date: October 27, 2010.
FOR FURTHER INFORMATION CONTACT: Scott Davis, Director, 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 via TTY by calling
the Federal Information Relay Service at telephone number 800-877-8339.
Facsimile inquiries may be sent to Mr. Davis at facsimile number 202-
401-2044. (Except for the ``800'' number, these telephone numbers are
not toll free.)
SUPPLEMENTARY INFORMATION:
Authority To Grant Waivers
The Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Pub. L. 110-329, approved September 30, 2008)
(hereinafter, ``Second 2008 Act'' to differentiate it from the earlier
2008 Supplemental Appropriations Act, Public Law 110-252, approved June
30, 2008) appropriated $6.5 billion, to remain available until
expended, in CDBG funds for necessary expenses related to disaster
relief, long-term recovery, and restoration of infrastructure, housing
and economic revitalization in areas affected by hurricanes, flooding,
and other natural disasters occurring during 2008 for which the
President declared a major disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
The Second 2008 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 a state
grantee explaining why such waiver is required to facilitate the use of
such funds or guarantees and a finding by the Secretary that such a
waiver would not be inconsistent with the overall purpose of Title I of
the Housing and Community Development Act of 1974 (HCD Act).
Additionally, regulatory waiver authority is provided by 24 CFR 5.110,
91.600, and 570.5. The following application and reporting waivers and
alternative requirements are in response to a request received from the
State of Illinois regarding its use of funds under the Second 2008 Act.
The Secretary finds that the following waivers and alternative
requirements, as described below, are necessary to facilitate use of
the funds for the statutory purposes and are not inconsistent with the
overall purpose of Title I of the HCD Act or the Cranston-Gonzalez
National Affordable Housing Act, as amended.
Under the requirements of the Second 2008 Act and 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 Second 2008 Act, HUD will reconsider every waiver in this Notice on
the two-year anniversary of the day this Notice is published.
Waiver Justification
Except as described below, the waivers, alternative requirements,
and statutory changes published in notices on February 13, 2009 (74 FR
7244) and August 14, 2009 (74 FR 41146) will continue to apply to the
State's CDBG disaster recovery funds appropriated under the Second 2008
Act (Pub. L. 110-329). The actions below provide additional flexibility
in program design and implementation and implement statutory
requirements unique to this appropriation. The provisions of this
Notice do not apply to funds provided under the annual CDBG program.
National Objective Documentation for Economic Development
Activities. For the national objective documentation for business
assistance activities, Illinois has asked to apply individual salaries
or wages per job and the income limits for a household of one, rather
than the usual CDBG standard of total household income and the limits-
by-total household size. Illinois has asserted that this proposed
documentation would be simpler and quicker for participating lenders to
administer, easier to verify, and would not misrepresent the amount of
low- and moderate-income benefit provided. Upon consideration, HUD is
granting this waiver, which has also been granted to a number of other
state grantees under the Second 2008 Act. It will play a key role in
streamlining the State's documentation process because it allows
collection of wage data for
[[Page 65369]]
each position created or retained from the assisted businesses, rather
than from each individual household.
Eligibility--buildings for the general conduct of government.
Illinois has requested a limited waiver of the prohibition on funding
buildings for the general conduct of government as many of these
buildings were damaged by the 2008 disasters. HUD has considered this
request and agrees that it is consistent with the overall purposes of
the 1974 Act. Therefore, Illinois may use funds provided under the
Second 2008 Act to repair or reconstruct buildings used for the general
conduct of government so long as (1) the buildings are selected in
accordance with a method described in the State's Action Plan for
Disaster Recovery, and (2) the State determines that the selected
buildings have substantial value in promoting disaster recovery.
However, as stipulated by the Second 2008 Act, funds may not be used
for activities reimbursable by, or for which funds are made available
by, the Federal Emergency Management Agency or the Army Corps of
Engineers.
Public benefit for certain economic development activities.
Illinois has requested a waiver of the public benefit standards for
certain economic development activities. The public benefit provisions
set standards for individual economic development activities (such as a
single loan to a business) and for economic development activities in
the annual aggregate. Currently, public benefit standards limit the
amount of CDBG assistance per job retained or created, or the amount of
CDBG assistance per low and moderate-income person to which goods or
services are provided by the activity. Essentially, the public benefit
standards are a proxy for all the other possible public benefits
provided by an assisted activity. These dollar thresholds were set more
than a decade ago and under disaster recovery conditions (which often
require a larger investment to achieve a given result), can be too low
and thus impede recovery by limiting the amount of assistance the
grantee may provide to a critical activity.
After consideration, this Notice waives the public benefit
standards for the cited activities, except that the State shall report
and maintain documentation on the creation and retention of (a) Total
jobs, (b) number of jobs within certain salary ranges, (c) the average
amount of assistance per job and activity or program, and (d) the types
of jobs. As a conforming change for the same activities or programs,
HUD is also waiving paragraph (g) of 24 CFR 570.482 to the extent its
provisions are related to public benefit. Illinois has made public in
its Action Plan the disaster recovery needs each activity is
addressing.
Housing incentives to resettle in disaster-affected communities.
The State believes that incentives are vital to encourage its citizens
to move out of harms' way to safer areas outside the 100 year
floodplain. Upon consideration, the Department is waiving 42 U.S.C
5305(a) of the 1974 Act and associated regulations to permit the State
to offer disaster recovery or mitigation housing incentives to promote
housing development or resettlement in particular geographic areas.
Limitation on emergency grant payments. HUD is waiving 42 U.S.C.
5305(a) to allow the State to extend interim mortgage assistance to
qualified individuals for up to 20 months. The State plans to create an
Interim Mortgage Assistance Program to assist homeowners (likely to be
applicants in the State's future buyout program) with mortgage payments
and other eligible property carrying costs while they may be living in
temporary housing. As it takes more than three months for buyout
decisions to be made and implemented, this will provide key assistance
to qualified homeowners during this interim period.
Applicable Rules, Statutes, Waivers, and Alternative Requirements
1. Except as described in this Notice, statutory and regulatory
provisions governing the Community Development Block Grant program for
states, including those at 42 U.S.C. 5301 et seq. and 24 CFR part 570,
and those described in Federal Register notices 74 FR 7244 and 74 FR
41146, shall apply to the use of these funds. Also, please note that
any program changes implemented as a result of the waivers published in
today's Notice must be in accordance with the State's approved Action
Plan for Disaster Recovery.
2. National Objective Documentation for Economic Development
Activities. 24 CFR 570.483(b)(4)(i) is waived to allow the State to
establish low- and moderate-income jobs benefit by documenting for each
person employed the name of the business, type of job, and the annual
wages or salary of the job. HUD will consider the person income-
qualified if the annual wages or salary of the job is at or under the
HUD-established income limit for a one-person family.
3. Buildings for the general conduct of government. 42 U.S.C.
5305(a) and associated regulations are waived to the extent necessary
to allow Illinois to fund the rehabilitation or reconstruction of
public buildings that are otherwise ineligible and that the State
selects in accordance with its approved Action Plan for Disaster
Recovery and that the State has determined have substantial value in
promoting disaster recovery.
4. Public benefit for certain economic development activities. For
economic development activities designed to create or retain jobs or
businesses (including but not limited to long-term, short-term, and
infrastructure projects), the public benefit standards at 42 U.S.C.
5305(e)(3) and 24 CFR 570.482(f)(1), (2), (3), (4)(i), (5), and (6) are
waived, except that the State shall report and maintain documentation
on the creation and retention of total jobs, the number of jobs within
certain salary ranges, the average amount of assistance provided per
job by activity or program, and the types of jobs. Paragraph (g) of 24
CFR 570.482 is also waived to the extent its provisions are related to
public benefit.
5. Housing incentives to resettle in disaster-affected communities.
42 U.S.C 5305(a) of the 1974 Act and associated regulations are waived
to permit the State to offer disaster recovery or mitigation housing
incentives to promote housing development or resettlement in particular
geographic areas. The incentives must be in accordance with State's
approved Action Plan and published program design(s), and the State
must maintain documentation that the costs are necessary and
reasonable.
6. Limitation on emergency grant payments. 42 U.S.C. 5305(a) is
waived so that Illinois can use funds under the Second 2008 Act to
extend interim mortgage assistance to qualified individuals for up to
20 months.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grant under this Notice are as follows: 14.218 and 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, Room 10276, 451 7th Street, SW.,
Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, an advance appointment to
[[Page 65370]]
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: October 4, 2010.
Mercedes M. M[aacute]rquez,
Assistant Secretary for Community Planning and Development.
[FR Doc. 2010-26777 Filed 10-21-10; 8:45 am]
BILLING CODE 4210-67-P