Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees, 5591-5595 [2017-01007]
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Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
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Immigration (USCIS) invites the general
public and other Federal agencies to
comment upon this proposed extension
of a currently approved collection of
information. In accordance with the
Paperwork Reduction Act (PRA) of
1995, the information collection notice
is published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e. the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments. DATES:
Comments are encouraged and will be
accepted for 60 days until March 20,
2017.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0037 in the body of the letter, the
agency name and Docket ID USCIS–
2007–0030. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov under eDocket ID number USCIS–2007–0030;
(2) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue
NW., Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW.,
Washington, DC 20529–2140, telephone
number 202–272–8377 (This is not a
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note contact information provided here
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USCIS National Customer Service
Center at 800–375–5283 (TTY 800–767–
1833).
SUPPLEMENTARY INFORMATION:
Comments
You may access the information
collection instrument with instructions,
or additional information by visiting the
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https://www.regulations.gov and enter
USCIS–2007–0030 in the search box.
Regardless of the method used for
submitting comments or material, all
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change, to the Federal eRulemaking
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Portal at https://www.regulations.gov,
and will include any personal
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submitting this information makes it
public. You may wish to consider
limiting the amount of personal
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please read the Privacy Act notice that
is available via the link in the footer of
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Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, Without Change, of a
Currently Approved Collection.
(2) Title of the Form/Collection:
Refugee/Asylee Relative Petition.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–730; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–730 is used by a
refugee or asylee to file on behalf of his
or her spouse and/or children for
follow-to-join benefits provided that the
relationship to the refugee/asylee
existed prior to their admission to the
United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
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collection I–730 is 6,039 and the
estimated hour burden per response is
.667 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 4,028 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is 739,778.
Dated: January 12, 2017.
Samantha Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2017–01051 Filed 1–17–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6012–N–01]
Allocations, Common Application,
Waivers, and Alternative Requirements
for Community Development Block
Grant Disaster Recovery Grantees
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice allocates
$1,805,976,000 in Community
Development Block Grant disaster
recovery (CDBG–DR) funds
appropriated by the Further Continuing
and Security Assistance Appropriations
Act, 2017 for the purpose of assisting
long-term recovery in Florida,
Louisiana, North Carolina, South
Carolina, Texas, and West Virginia. This
allocation of CDBG–DR supplements
funds appropriated by the Continuing
Appropriation Act, 2017. It provided
$500 million in CDBG–DR funding that
has been allocated to Louisiana, Texas,
and West Virginia in response to
qualifying disasters. In HUD’s Federal
Register notice published on November
21, 2016, at 81 FR 83254 (the Prior
Notice), HUD described that allocation
and applicable waivers and alternative
requirements, relevant statutory and
regulatory requirements, the grant
award process, criteria for action plan
approval, and eligible disaster recovery
activities. Grantees receiving an
allocation of funds under this notice are
subject to the requirements of the Prior
Notice, including provisions of the Prior
Notice amended herein.
DATES: Effective Date: January 23, 2017.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Stanley Gimont, Director, 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 Relay
Service at 800–877–8339. Facsimile
inquiries may be sent to Mr. Gimont at
202–401–2044. (Except for the ‘‘800’’
number, these telephone numbers are
not toll-free.) Email inquiries may be
sent to: disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Allocations
II. Use of Funds
III. Grant Amendment Process
IV. Applicable Rules, Statutes, Waivers, and
Alternative Requirements
V. Duration of Funding
VI. Catalog of Federal Domestic Assistance
VII. Finding of No Significant Impact
Appendix A: Allocation Methodology
I. Allocations
Section 101 of the Further Continuing
and Security Assistance Appropriations
Act, 2017 (division A of Pub. L. 114–
254, approved December 10, 2016)
amended the Continuing
Appropriations Act, 2017 (division C of
Pub. L. 114–223) by adding a new
section 192 that makes available
$1,808,976,000 in Community
Development Block Grant (CDBG) funds
for necessary expenses for activities
authorized under title I of the Housing
and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery,
restoration of infrastructure and
housing, and economic revitalization in
the most impacted and distressed areas
resulting from a major disaster declared
in 2016 and occurring prior to December
10, 2016. Qualifying major disasters are
declared by the President pursuant to
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act of 1974
(42 U.S.C. 5121 et seq.) (Stafford Act).
The following allocations of funds
appropriated by section 192 are in
addition to the $500 million
appropriated by section 145(a) and
allocated in the Prior Notice. Section
192 specifies that these additional funds
are subject to the same authority and
conditions as those in section 145(a),
except the major disaster must have
occurred prior to December 10, 2016.
Section 145(a) provides that grants
shall be awarded directly to a State or
unit of general local government at the
discretion of the Secretary. The
Secretary has elected to award funds
only to States in this notice. Unless
noted otherwise, the term ‘‘grantee’’
refers to the State receiving an award
from HUD under this notice. To comply
with the statutory requirement that
funds be used for disaster-related
expenses in the most impacted and
distressed areas, HUD allocates funds
using the best available data that cover
all of the eligible affected areas.
Section 192(b) permits HUD to use up
to $3,000,000 of the appropriated
amount for necessary costs, including
information technology costs, of
administering and overseeing the
obligation and expenditure of amounts
made available by sections 145(a) and
192. The Department is deducting the
full $3,000,000, resulting in a total of
$1,805,976,000 available for allocation.
Based on further review of the
impacts from the eligible disasters, and
estimates of unmet need, HUD is
making the following allocations:
TABLE 1—ALLOCATIONS UNDER PUBLIC LAW 114–245
Grantee
4263, 4277 ................
State of Louisiana ..............
$1,219,172,000
4266, 4269, 4272 ......
State of Texas ....................
177,064,000
4273 ...........................
4285 ...........................
State of West Virginia ........
State of North Carolina ......
87,280,000
198,553,000
4286 ...........................
4280, 4283 ................
State of South Carolina ......
State of Florida ...................
65,305,000
58,602,000
Total ...................
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Disaster No.
Allocation
.............................................
Minimum amount that must be expended for recovery in the HUDidentified ‘‘most impacted and distressed’’ areas
1,805,976,000
Use of funds for all grantees is limited
to unmet recovery needs from the major
disasters identified in Table 1. Please
note that in addition to the FEMA
disaster numbers listed in the Prior
Notice for the State of Texas, the State
may also expend its allocation of funds
from the Prior Notice on FEMA disaster
number DR–4272.
Table 1 also shows the HUDidentified ‘‘most impacted and
distressed’’ areas impacted by the
disasters. At least 80 percent of the total
funds provided to each State under this
notice must address unmet needs within
the HUD-identified ‘‘most impacted and
distressed’’ areas, as identified in the
last column in Table 1. For grantees that
received an allocation under the Prior
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($975,337,600) East Baton Rouge, Livingston, Ascension,
Tangipahoa, Ouachita, Lafayette, Lafayette, Vermilion, Acadia,
Washington, and St. Tammany Parishes.
($141,651,200) Harris, Newton, Montgomery, Fort Bend, and
Brazoria Counties.
($69,824,000) Kanawha and Greenbrier Counties.
($158,842,400) Robeson, Cumberland, Edgecombe, and Wayne
Counties.
($52,244,000) Marion County.
($46,881,600) St. Johns County.
Notice, 80 percent of both allocations
may be used to address unmet needs
within the HUD-identified ‘‘most
impacted and distressed’’ areas that are
identified in Table 1 of this notice.
Grantees may determine where the
remaining 20 percent may be spent by
identifying areas it determines to be
‘‘most impacted and distressed.’’ A
detailed explanation of HUD’s
allocation methodology is provided at
Appendix A.
II. Use of Funds
Funds allocated under this notice and
funds allocated pursuant to the Prior
Notice are subject to the requirements of
the Prior Notice, including the
provisions of the Prior Notice as
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amended herein. As a reminder, section
145(a) requires that prior to the
obligation of CDBG–DR funds, a grantee
shall submit a plan to HUD for approval
detailing the proposed use of all funds,
including criteria for eligibility, and
how the use of these funds will address
long-term recovery and restoration of
infrastructure and housing and
economic revitalization in the most
impacted and distressed areas. This
action plan for disaster recovery must
describe uses and activities that: (1) Are
authorized under title I of the Housing
and Community Development Act of
1974 (HCD Act) or allowed by a waiver
or alternative requirement (see section
IV., below); and (2) respond to disaster-
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related impact to infrastructure,
housing, and economic revitalization in
the most impacted and distressed areas.
To inform the plan, grantees must
conduct an assessment of community
impacts and unmet needs to guide the
development and prioritization of
planned recovery activities, pursuant to
paragraph A.2.a. in section VI of the
Prior Notice, as amended in this notice.
Pursuant to the Prior Notice, each
grantee is required to expend 100
percent of its allocation of CDBG–DR
funds on eligible activities within 6
years of HUD’s execution of the grant
agreement.
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III. Overview of Grant Process
To begin expenditure of CDBG–DR
funds, grantees must complete the
expedited steps outlined in Section V.
Overview of Grant Process in the Prior
Notice. As stated below at paragraph
IV.1.a, the deadlines established by the
Prior Notice are now determined by the
effective date of this notice.
IV. Applicable Rules, Statutes, Waivers,
and Alternative Requirements
This section of the notice describes
rules, statutes, waivers, and alternative
requirements that apply to grantees
receiving an allocation under this
notice. All funds allocated by the Prior
Notice and this notice are subject to the
requirements of the Prior Notice,
including provisions of the Prior Notice
as amended herein. Further, the
Secretary has determined that good
cause exists for each waiver and
alternative requirement established in
the Prior Notice and that the waivers
and alternative requirements are not
inconsistent with the overall purpose of
the HCD Act. The Secretary’s
determination extends to each waiver or
alternative requirement amended by this
notice.
Grantees may request additional
waivers and alternative requirements
from the Department as needed to
address specific needs related to their
recovery activities. Except where noted,
waivers and alternative requirements
described below apply to all grantees
under this notice. Waivers and
alternative requirements are effective
five days after they are published in the
Federal Register.
1. Incorporation of waivers,
alternative requirements, and statutory
changes previously described. The
waivers and alternative requirements
provided in the Prior Notice apply to
the awards under this notice, except as
modified herein. These waivers and
alternative requirements provide
additional flexibility in program design
and implementation to support full and
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swift recovery following the disasters,
while also ensuring that statutory
requirements are met. The requirements
of the Prior Notice and this notice apply
only to the CDBG–DR funds
appropriated in sections 145(a) and 192.
The following clarifications or
modifications apply to grantees in
receipt of an allocation under this notice
and to funds allocated under the Prior
Notice:
a. All deadlines for the submission of
the Secretary’s certification, risk
analysis, or the action plan referenced
in the Prior Notice are now determined
by the effective date of this notice. This
means that the deadlines established by
the Prior Notice for the submission of
the Secretary’s certification, risk
analysis and action plan, as well as
other deadlines, are extended to
deadlines established by this notice.
This allows grantees receiving an
allocation of funds under both the Prior
Notice and this notice to submit a single
action plan and other documents
governing both allocations.
b. Paragraph VI.A.2.a.6 of the Prior
Notice at 81 FR 83258 is amended by
revising the action plan requirement to
identify a maximum amount of
assistance available to beneficiaries
under each program. In addition to the
requirement described in the Prior
Notice, for any residential rehabilitation
or reconstruction program, grantees
must establish a process by which it
assesses the cost effectiveness of each
rehabilitation or reconstruction project
undertaken to assist a household. The
requirement is amended by adding the
following:
A description of the maximum amount of
assistance available to a beneficiary under
each of the grantee’s disaster recovery
programs. Additionally, for any residential
rehabilitation or reconstruction program
funded under this notice, each grantee must
have policies and procedures to assess the
cost effectiveness of each proposed project
undertaken to assist a household, including
criteria for determining when the cost of the
rehabilitation or reconstruction of the unit
will not be cost-effective relative to other
means of assisting the property-owner,
including through buyout or acquisition of
the property, or the construction of area-wide
protective infrastructure, rather than
individual building mitigation solutions
designed to protect individual structures. For
example, as the grantee is designing its
program, it might choose as comparison
criteria the rehabilitation costs derived from
the RS Means Residential Cost Data and costs
to buyout or acquire the property as a means
of determining whether or not to fund a
rehabilitation project
A grantee may find it necessary to provide
exceptions on a case-by-case basis to the
maximum amount of assistance or cost
effectiveness criteria and must describe the
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5593
process it will use to make such exceptions
in its policies and procedures. Each grantee
must adopt policies and procedures that
communicate how it will analyze the
circumstances under which an exception is
needed and how it will demonstrate that the
amount of assistance is necessary and
reasonable. All CDBG–DR expenditures
remain subject to the cost principles in 2 CFR
part 200, including the requirement that costs
be necessary and reasonable for the
performance of the grantee’s CDBG–DR grant.
c. Paragraph VI.A.2.a.7 of the Prior
Notice at 81 FR 83258 is amended by
rewriting and clarifying the action plan
requirements for the descriptions of
long-term recovery and hazard
mitigation planning and addressing
specific predevelopment principles as
outlined in the Federal Resource Guide
for Infrastructure Planning and Design,
as follows:
A description of how the grantee plans to:
(a) Promote sound, sustainable long-term
recovery planning informed by a postdisaster evaluation of hazard risk, especially
land-use decisions that reflect responsible
flood plain management and take into
account continued sea level rise, if
applicable. This information should be based
on the history of FEMA flood mitigation
efforts, and take into account projected
increase in sea level (if applicable) and
frequency and intensity of precipitation
events, which are not considered in current
FEMA maps and National Flood Insurance
Program premiums;
(b) Adhere to the advanced elevation
requirements established in paragraph B. of
section VI of the Prior Notice;
(c) Coordinate with local and regional
planning efforts to ensure consistency,
including how the grantee will promote
community-level and/or regional (e.g.,
multiple local jurisdictions) post-disaster
recovery and mitigation planning;
(d) For infrastructure allocations, the
grantee must also describe:
i. How mitigation measures will be
integrated into rebuilding activities and the
extent to which infrastructure activities
funded through this grant will achieve
objectives outlined in regionally or locally
established plans and policies that are
designed to reduce future risk to the
jurisdiction;
ii. How infrastructure activities will be
informed by a consideration of the costs and
benefits of the project;
iii. How the State will seek to ensure that
infrastructure activities will avoid
disproportionate impact on vulnerable
communities and create opportunities to
address economic inequities facing local
communities;
iv. How the State align investments with
other planned state or local capital
improvements and infrastructure
development efforts, and will work to foster
the potential for additional infrastructure
funding from multiple sources, including
existing state and local capital improvement
projects in planning, and the potential for
private investment; and
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v. The extent to which the State will
employ adaptable and reliable technologies
to guard against premature obsolescence of
infrastructure.
Additional guidance on predevelopment
principles are described in the Federal
Resource Guide for Infrastructure Planning
and Design: (https://portal.hud.gov/
hudportal/documents/huddoc?id=BAInfra
ResGuideMay2015.pdf)
The action plan must also provide for
the use of CDBG–DR funds to develop
a disaster recovery and response plan
that addresses long-term recovery and
pre- and post-disaster hazard mitigation,
if one does not currently exist.
V. Duration of Funding
Section 192 directs that these funds
be available until expended. However,
consistent with OMB Circular A–11, if
the Secretary or the President
determines that the purposes for which
the appropriation has been made have
been carried out and no disbursements
have been made against the
appropriation for two consecutive fiscal
years, any remaining unobligated
balance will be made unavailable for
obligation or expenditure.
VI. Catalog of Federal Domestic
Assistance
The Catalog of Federal Domestic
Assistance numbers for the disaster
recovery grants under this notice are as
follows: 14.218; 14.228.
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VII. 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(2)(C)). 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). Hearingor speech-impaired individuals may
access this number through TTY by
calling the Federal Relay Service at 800–
877–8339 (this is a toll-free number).
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Dated: January 9, 2017.
Nani A. Coloretti,
Deputy Secretary.
Appendix A—Allocation of CDBG–DR
Funds to Most Impacted and Distressed
Areas Due to 2016 Federally Declared
Disasters Thru December 10, 2016
Background
Section 145(a) of Division C of the
Continuing Appropriations Act, 2017 (P.
L.114–223, Division C), enacted on
September 29, 2016, appropriated
$500,000,000 through the Community
Development Block Grant disaster recovery
(CDBG–DR) program for necessary expenses
for authorized activities related to disaster
relief, long-term recovery, restoration of
infrastructure and housing, and economic
revitalization in the most impacted and
distressed areas resulting from a major
disaster declared in 2016 but prior to
September 29, 2016. Section 145(a) of P. L.
114–223, Division C stated:
SEC. 145. (a) In addition to the amount
otherwise provided by section 101 for the
‘‘Community Planning and Development,
Community Development Fund,’’ there is
appropriated $500,000,000 for an additional
amount for fiscal year 2016, to remain
available until expended, for necessary
expenses for activities authorized under title
I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et
seq.) related to disaster relief, long-term
recovery, restoration of infrastructure and
housing, and economic revitalization in the
most impacted and distressed areas resulting
from a major disaster declared in 2016, and
which the disaster occurred prior to the date
of enactment of this Act, pursuant to the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.): Provided, That funds shall be awarded
directly to the State or unit of general local
government at the discretion of the
Secretary: . . .
Subsequently, section 101 of the Further
Continuing and Security Assistance
Appropriations Act, 2017 (division A of Pub.
L. 114–254, approved December 10, 2016)
(Appropriations Act) amended the
Continuing Appropriations Act, 2017
(division C of Public Law 114–223) by adding
a new section 192. Section 192(a)
appropriates $1,808,976,000 in CDBG–DR
funding for the same purposes, authorities
and conditions as section 145(a) for major
disasters declared in 2016 but prior to
December 10, 2016. Section 192(b) authorizes
HUD to deduct $3,000,000 from this amount
for the cost of administering both
appropriations, resulting in a total of
$1,805,976,000 available for allocation.
Combined, the two appropriations make
$2,305,976,000 available for allocation,
effectively matching HUD’s November 2016
estimate for serious unmet repair or
replacement needs.
Most Impacted and Distressed Areas
As with prior CDBG–DR appropriations,
HUD is not obligated to allocate section 192
funds for all major disasters declared in 2016
but prior to December 10, 2016. Relying on
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the language of section 145(a), HUD is
directed to use the funds ‘‘in the most
impacted and distressed areas.’’ HUD has
implemented this directive by limiting
CDBG–DR formula allocations to
jurisdictions with major disasters that meet
three standards:
(1) Individual Assistance/IHP designation.
HUD has limited allocations to those
disasters where FEMA had determined the
damage was sufficient to declare the disaster
as eligible to receive Individual and
Households Program (IHP) funding. President
Obama signed P.L. 114–254 into law on
December 10, 2016, and 45 disasters had
received major declarations in calendar year
2016 by that date. Only 17 of 45 disasters that
were declared in 2016 have an IHP
designation.
(2) Concentrated damage. HUD has limited
the allocations to counties with high levels
of damage. For this allocation, HUD is using
the amount of serious unmet housing need as
its measure of concentrated damage and
limits the data used for the allocation only
to counties exceeding a ‘‘natural break’’ in
the data for their total amount of serious
unmet housing needs. For purposes of this
allocation, the serious unmet housing needs
break at the county level occurs at $13
million. Serious unmet housing needs are
calculated as the additional cost to repair the
most damaged homes after subtracting out
insurance, FEMA, and SBA assistance.
(3) Natural break. Among disasters with
data meeting the first two thresholds, HUD
identifies a natural break in calculated
serious unmet recovery needs and funds only
the jurisdictions that have substantially
higher unmet needs than other jurisdictions.
The jurisdictions clearing this threshold as a
result of major disasters declared since
January 1, 2016 now includes Florida, North
Carolina, and South Carolina as a result of
Hurricane Hermine or Hurricane Matthew, as
well as Louisiana, Texas, and West Virginia
which were qualified for funds appropriated
by section 145(a) as a result of major disasters
declared prior to September 29, 2016.
These allocations are thus based on the
unmet costs to repair seriously damaged
properties and infrastructure in the counties
with more than $13 million of serious unmet
housing needs. These do not capture
expected resiliency costs, although grantees
may choose to use the CDBG funds for
resiliency expenses. The estimated damage is
based on the following factors:
(1) Seriously damaged owner occupied
units without insurance repair estimate in
Most Impacted Counties after FEMA,
Insurance, and SBA;
(2) Seriously damaged rental units
occupied by renters with income less than
$20,000 repair estimate in Most Impacted
Counties after FEMA, Insurance, and SBA;
(3) Small businesses denied by SBA repair
estimate; and
(4) The state match requirement to address
the FEMA estimates for repair of permanent
infrastructure in the FEMA Public Assistance
program (categories C to G).
Methods for Estimating Unmet Needs for
Housing
The data HUD staff have identified as being
available to calculate unmet needs for
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qualifying disasters come from the FEMA
Individual Assistance program data on
housing-unit damage as of December 9, 2016.
The core data on housing damage for both
the unmet housing needs calculation and the
concentrated damage are based on home
inspection data for FEMA’s Individual
Assistance program. HUD calculates ‘‘unmet
housing needs’’ as the number of housing
units with unmet needs times the estimated
cost to repair those units less repair funds
already provided by FEMA, where:
Each of the FEMA inspected owner units
are categorized by HUD into one of five
categories:
• Minor-Low: Less than $3,000 of FEMA
inspected real property damage.
• Minor-High: $3,000 to $7,999 of FEMA
inspected real property damage.
• Major-Low: $8,000 to $14,999 of FEMA
inspected real property damage.
• Major-High: $15,000 to $28,800 of FEMA
inspected real property damage and/or 4 to
6 feet of flooding on the first floor.
• Severe: Greater than $28,800 of FEMA
inspected real property damage or
determined destroyed and/or 6 or more feet
of flooding on the first floor.
To meet the statutory requirement of ‘‘most
impacted’’ in this legislative language, homes
are determined to have a high level of
damage if they have damage of ‘‘major-low’’
or higher. That is, they have a real property
FEMA inspected damage of $8,000 or
flooding over 1 foot. Furthermore, a
homeowner is determined to have unmet
needs if they reported damage and no
insurance to cover that damage.
FEMA does not inspect rental units for real
property damage so personal property
damage is used as a proxy for unit damage.
Each of the FEMA inspected renter units are
categorized by HUD into one of five
categories:
• Minor-Low: Less than $1,000 of FEMA
inspected personal property damage.
• Minor-High: $1,000 to $1,999 of FEMA
inspected personal property damage.
• Major-Low: $2,000 to $3,499 of FEMA
inspected personal property damage.
• Major-High: $3,500 to $7,499 of FEMA
inspected personal property damage or 4 to
6 feet of flooding on the first floor.
• Severe: Greater than $7,500 of FEMA
inspected personal property damage or
determined destroyed and/or 6 or more feet
of flooding on the first floor.
For rental properties, to meet the statutory
requirement of ‘‘most impacted’’ in this
legislative language, homes are determined to
have a high level of damage if they have
damage of ‘‘major-low’’ or higher. That is,
they have a FEMA personal property damage
assessment of $2,000 or greater or flooding
over 1 foot. Furthermore, landlords are
presumed to have adequate insurance
coverage unless the unit is occupied by a
renter with income of $20,000 or less. Units
are occupied by a tenant with income less
than $20,000 are used to calculate likely
unmet needs for affordable rental housing.
The average cost to fully repair a home for
a specific disaster to code within each of the
damage categories noted above is calculated
using the average real property damage repair
costs determined by the Small Business
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17:41 Jan 17, 2017
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Administration for its disaster loan program
for the subset of homes inspected by both
SBA and FEMA for 2011 to 2013 disasters.
Because SBA is inspecting for full repair
costs, it is presumed to reflect the full cost
to repair the home, which is generally more
than the FEMA estimates on the cost to make
the home habitable.
For each household determined to have
unmet housing needs (as described above),
their estimated average unmet housing need
less assumed assistance from FEMA, SBA,
and insurance was calculated at $27,455 for
major damage (low); $45,688 for major
damage (high); and $59,493 for severe
damage.
Methods for Estimating Unmet
Infrastructure Needs
To best proxy unmet infrastructure needs,
HUD uses data from FEMA’s Public
Assistance program on the expected State
match requirement (usually 25 percent of the
estimated public assistance needs, it is 10
percent for DR–4277 in Louisiana). This
allocation uses only a subset of the Public
Assistance damage estimates reflecting the
categories of activities most likely to require
CDBG funding above the Public Assistance
and State match requirement. Those
activities are categories: C, Roads and
Bridges; D, Water Control Facilities; E, Public
Buildings; F, Public Utilities; and G,
Recreational—Other. Categories A (Debris
Removal) and B (Protective Measures) are
largely expended immediately after a disaster
and reflect interim recovery measures rather
than the long-term recovery measures for
which CDBG funds are generally used.
Methods for Estimating Unmet Economic
Revitalization Needs
Based on SBA disaster loans to businesses,
HUD calculates the median real estate and
content loss by the following damage
categories for each state:
• Category 1: Real estate + content loss =
below 12,000
• Category 2: Real estate + content loss =
12,000–30,000
• Category 3: Real estate + content loss =
30,000–65,000
• Category 4: Real estate + content loss =
65,000–150,000
• Category 5: Real estate + content loss =
above 150,000
For properties with real estate and content
loss of $30,000 or more, HUD calculates the
estimated amount of unmet needs for small
businesses by multiplying the median
damage estimates for the categories above by
the number of small businesses denied an
SBA loan, including those denied a loan
prior to inspection due to inadequate credit
or income (or a decision had not been made),
under the assumption that damage among
those denied at pre-inspection have the same
distribution of damage as those denied after
inspection.
Allocation Calculation
Once eligible entities are identified using
the above criteria, the allocation to
individual grantees represents their
proportional share of the estimated unmet
needs. For the formula allocation, HUD
PO 00000
Frm 00074
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5595
calculates total serious unmet recovery needs
as the aggregate of:
• Serious unmet housing needs in most
impacted counties.
• Serious unmet business needs.
• The estimated local match requirement
for the repair of infrastructure estimated for
FEMA’s Public Assistance program.
Natural break for most impacted disasters.
HUD limits funded disasters to those with
that have substantially higher unmet needs
than other jurisdictions. Florida, Louisiana,
North Carolina, South Carolina, Texas, and
West Virginia each have aggregate unmet
needs in excess of $50,000,000, an amount
that is higher than other jurisdictions affected
by major disasters declared between January
1 and December 10, 2016.
[FR Doc. 2017–01007 Filed 1–17–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[FWS–R8–FHC–2016–N196;
FXFR1334088TWG0W4–123–FF08EACT00]
Renewal of the Trinity River Adaptive
Management Working Group
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
The Secretary of the Interior
(Secretary), after consultation with the
General Services Administration, has
renewed the Trinity River Adaptive
Management Working Group (Working
Group) for 2 years. The Working Group
provides recommendations on all
aspects of the implementation of the
Trinity River Restoration Program and
affords stakeholders the opportunity to
give policy, management, and technical
input concerning Trinity River
restoration efforts.
ADDRESSES: For more information on the
Trinity River Adaptive Management
Working Group and the Trinity River
Restoration Program, see https://
www.fws.gov/arcata/fisheries/
tamwg.html and https://www.trrp.net/.
FOR FURTHER INFORMATION CONTACT:
Joseph Polos, U.S. Fish and Wildlife
Service, 1655 Heindon Road; Arcata, CA
95521; 707–822–7201.
SUPPLEMENTARY INFORMATION: The
Working Group conducts its operations
in accordance with the provisions of the
Federal Advisory Committee Act (5
U.S.C. Appendix). It reports to the
Trinity River Management Council
(TMC) and functions solely as an
advisory body. The TMC reports to the
Secretary through the Mid-Pacific
Regional Director of the Bureau of
Reclamation and the Pacific Southwest
Regional Director for the U.S. Fish and
Wildlife Service. The Working Group
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5591-5595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01007]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6012-N-01]
Allocations, Common Application, Waivers, and Alternative
Requirements for Community Development Block Grant Disaster Recovery
Grantees
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice allocates $1,805,976,000 in Community Development
Block Grant disaster recovery (CDBG-DR) funds appropriated by the
Further Continuing and Security Assistance Appropriations Act, 2017 for
the purpose of assisting long-term recovery in Florida, Louisiana,
North Carolina, South Carolina, Texas, and West Virginia. This
allocation of CDBG-DR supplements funds appropriated by the Continuing
Appropriation Act, 2017. It provided $500 million in CDBG-DR funding
that has been allocated to Louisiana, Texas, and West Virginia in
response to qualifying disasters. In HUD's Federal Register notice
published on November 21, 2016, at 81 FR 83254 (the Prior Notice), HUD
described that allocation and applicable waivers and alternative
requirements, relevant statutory and regulatory requirements, the grant
award process, criteria for action plan approval, and eligible disaster
recovery activities. Grantees receiving an allocation of funds under
this notice are subject to the requirements of the Prior Notice,
including provisions of the Prior Notice amended herein.
DATES: Effective Date: January 23, 2017.
[[Page 5592]]
FOR FURTHER INFORMATION CONTACT: Stanley Gimont, Director, 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 Relay Service at 800-877-
8339. Facsimile inquiries may be sent to Mr. Gimont at 202-401-2044.
(Except for the ``800'' number, these telephone numbers are not toll-
free.) Email inquiries may be sent to: disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Allocations
II. Use of Funds
III. Grant Amendment Process
IV. Applicable Rules, Statutes, Waivers, and Alternative
Requirements
V. Duration of Funding
VI. Catalog of Federal Domestic Assistance
VII. Finding of No Significant Impact
Appendix A: Allocation Methodology
I. Allocations
Section 101 of the Further Continuing and Security Assistance
Appropriations Act, 2017 (division A of Pub. L. 114-254, approved
December 10, 2016) amended the Continuing Appropriations Act, 2017
(division C of Pub. L. 114-223) by adding a new section 192 that makes
available $1,808,976,000 in Community Development Block Grant (CDBG)
funds for necessary expenses for activities authorized under title I of
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.) related to disaster relief, long-term recovery, restoration of
infrastructure and housing, and economic revitalization in the most
impacted and distressed areas resulting from a major disaster declared
in 2016 and occurring prior to December 10, 2016. Qualifying major
disasters are declared by the President pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act of 1974 (42
U.S.C. 5121 et seq.) (Stafford Act). The following allocations of funds
appropriated by section 192 are in addition to the $500 million
appropriated by section 145(a) and allocated in the Prior Notice.
Section 192 specifies that these additional funds are subject to the
same authority and conditions as those in section 145(a), except the
major disaster must have occurred prior to December 10, 2016.
Section 145(a) provides that grants shall be awarded directly to a
State or unit of general local government at the discretion of the
Secretary. The Secretary has elected to award funds only to States in
this notice. Unless noted otherwise, the term ``grantee'' refers to the
State receiving an award from HUD under this notice. To comply with the
statutory requirement that funds be used for disaster-related expenses
in the most impacted and distressed areas, HUD allocates funds using
the best available data that cover all of the eligible affected areas.
Section 192(b) permits HUD to use up to $3,000,000 of the
appropriated amount for necessary costs, including information
technology costs, of administering and overseeing the obligation and
expenditure of amounts made available by sections 145(a) and 192. The
Department is deducting the full $3,000,000, resulting in a total of
$1,805,976,000 available for allocation.
Based on further review of the impacts from the eligible disasters,
and estimates of unmet need, HUD is making the following allocations:
Table 1--Allocations Under Public Law 114-245
----------------------------------------------------------------------------------------------------------------
Minimum amount that
must be expended for
recovery in the HUD-
Disaster No. Grantee Allocation identified ``most
impacted and
distressed'' areas
----------------------------------------------------------------------------------------------------------------
4263, 4277..................... State of Louisiana.................... $1,219,172,000 ($975,337,600) East
Baton Rouge,
Livingston,
Ascension,
Tangipahoa,
Ouachita,
Lafayette,
Lafayette,
Vermilion, Acadia,
Washington, and St.
Tammany Parishes.
4266, 4269, 4272............... State of Texas........................ 177,064,000 ($141,651,200)
Harris, Newton,
Montgomery, Fort
Bend, and Brazoria
Counties.
4273........................... State of West Virginia................ 87,280,000 ($69,824,000)
Kanawha and
Greenbrier
Counties.
4285........................... State of North Carolina............... 198,553,000 ($158,842,400)
Robeson,
Cumberland,
Edgecombe, and
Wayne Counties.
4286........................... State of South Carolina............... 65,305,000 ($52,244,000) Marion
County.
4280, 4283..................... State of Florida...................... 58,602,000 ($46,881,600) St.
Johns County.
-------------------
Total...................... ...................................... 1,805,976,000 ....................
----------------------------------------------------------------------------------------------------------------
Use of funds for all grantees is limited to unmet recovery needs
from the major disasters identified in Table 1. Please note that in
addition to the FEMA disaster numbers listed in the Prior Notice for
the State of Texas, the State may also expend its allocation of funds
from the Prior Notice on FEMA disaster number DR-4272.
Table 1 also shows the HUD-identified ``most impacted and
distressed'' areas impacted by the disasters. At least 80 percent of
the total funds provided to each State under this notice must address
unmet needs within the HUD-identified ``most impacted and distressed''
areas, as identified in the last column in Table 1. For grantees that
received an allocation under the Prior Notice, 80 percent of both
allocations may be used to address unmet needs within the HUD-
identified ``most impacted and distressed'' areas that are identified
in Table 1 of this notice. Grantees may determine where the remaining
20 percent may be spent by identifying areas it determines to be ``most
impacted and distressed.'' A detailed explanation of HUD's allocation
methodology is provided at Appendix A.
II. Use of Funds
Funds allocated under this notice and funds allocated pursuant to
the Prior Notice are subject to the requirements of the Prior Notice,
including the provisions of the Prior Notice as amended herein. As a
reminder, section 145(a) requires that prior to the obligation of CDBG-
DR funds, a grantee shall submit a plan to HUD for approval detailing
the proposed use of all funds, including criteria for eligibility, and
how the use of these funds will address long-term recovery and
restoration of infrastructure and housing and economic revitalization
in the most impacted and distressed areas. This action plan for
disaster recovery must describe uses and activities that: (1) Are
authorized under title I of the Housing and Community Development Act
of 1974 (HCD Act) or allowed by a waiver or alternative requirement
(see section IV., below); and (2) respond to disaster-
[[Page 5593]]
related impact to infrastructure, housing, and economic revitalization
in the most impacted and distressed areas. To inform the plan, grantees
must conduct an assessment of community impacts and unmet needs to
guide the development and prioritization of planned recovery
activities, pursuant to paragraph A.2.a. in section VI of the Prior
Notice, as amended in this notice.
Pursuant to the Prior Notice, each grantee is required to expend
100 percent of its allocation of CDBG-DR funds on eligible activities
within 6 years of HUD's execution of the grant agreement.
III. Overview of Grant Process
To begin expenditure of CDBG-DR funds, grantees must complete the
expedited steps outlined in Section V. Overview of Grant Process in the
Prior Notice. As stated below at paragraph IV.1.a, the deadlines
established by the Prior Notice are now determined by the effective
date of this notice.
IV. Applicable Rules, Statutes, Waivers, and Alternative Requirements
This section of the notice describes rules, statutes, waivers, and
alternative requirements that apply to grantees receiving an allocation
under this notice. All funds allocated by the Prior Notice and this
notice are subject to the requirements of the Prior Notice, including
provisions of the Prior Notice as amended herein. Further, the
Secretary has determined that good cause exists for each waiver and
alternative requirement established in the Prior Notice and that the
waivers and alternative requirements are not inconsistent with the
overall purpose of the HCD Act. The Secretary's determination extends
to each waiver or alternative requirement amended by this notice.
Grantees may request additional waivers and alternative
requirements from the Department as needed to address specific needs
related to their recovery activities. Except where noted, waivers and
alternative requirements described below apply to all grantees under
this notice. Waivers and alternative requirements are effective five
days after they are published in the Federal Register.
1. Incorporation of waivers, alternative requirements, and
statutory changes previously described. The waivers and alternative
requirements provided in the Prior Notice apply to the awards under
this notice, except as modified herein. These waivers and alternative
requirements provide additional flexibility in program design and
implementation to support full and swift recovery following the
disasters, while also ensuring that statutory requirements are met. The
requirements of the Prior Notice and this notice apply only to the
CDBG-DR funds appropriated in sections 145(a) and 192.
The following clarifications or modifications apply to grantees in
receipt of an allocation under this notice and to funds allocated under
the Prior Notice:
a. All deadlines for the submission of the Secretary's
certification, risk analysis, or the action plan referenced in the
Prior Notice are now determined by the effective date of this notice.
This means that the deadlines established by the Prior Notice for the
submission of the Secretary's certification, risk analysis and action
plan, as well as other deadlines, are extended to deadlines established
by this notice. This allows grantees receiving an allocation of funds
under both the Prior Notice and this notice to submit a single action
plan and other documents governing both allocations.
b. Paragraph VI.A.2.a.6 of the Prior Notice at 81 FR 83258 is
amended by revising the action plan requirement to identify a maximum
amount of assistance available to beneficiaries under each program. In
addition to the requirement described in the Prior Notice, for any
residential rehabilitation or reconstruction program, grantees must
establish a process by which it assesses the cost effectiveness of each
rehabilitation or reconstruction project undertaken to assist a
household. The requirement is amended by adding the following:
A description of the maximum amount of assistance available to a
beneficiary under each of the grantee's disaster recovery programs.
Additionally, for any residential rehabilitation or reconstruction
program funded under this notice, each grantee must have policies
and procedures to assess the cost effectiveness of each proposed
project undertaken to assist a household, including criteria for
determining when the cost of the rehabilitation or reconstruction of
the unit will not be cost-effective relative to other means of
assisting the property-owner, including through buyout or
acquisition of the property, or the construction of area-wide
protective infrastructure, rather than individual building
mitigation solutions designed to protect individual structures. For
example, as the grantee is designing its program, it might choose as
comparison criteria the rehabilitation costs derived from the RS
Means Residential Cost Data and costs to buyout or acquire the
property as a means of determining whether or not to fund a
rehabilitation project
A grantee may find it necessary to provide exceptions on a case-
by-case basis to the maximum amount of assistance or cost
effectiveness criteria and must describe the process it will use to
make such exceptions in its policies and procedures. Each grantee
must adopt policies and procedures that communicate how it will
analyze the circumstances under which an exception is needed and how
it will demonstrate that the amount of assistance is necessary and
reasonable. All CDBG-DR expenditures remain subject to the cost
principles in 2 CFR part 200, including the requirement that costs
be necessary and reasonable for the performance of the grantee's
CDBG-DR grant.
c. Paragraph VI.A.2.a.7 of the Prior Notice at 81 FR 83258 is
amended by rewriting and clarifying the action plan requirements for
the descriptions of long-term recovery and hazard mitigation planning
and addressing specific predevelopment principles as outlined in the
Federal Resource Guide for Infrastructure Planning and Design, as
follows:
A description of how the grantee plans to:
(a) Promote sound, sustainable long-term recovery planning
informed by a post-disaster evaluation of hazard risk, especially
land-use decisions that reflect responsible flood plain management
and take into account continued sea level rise, if applicable. This
information should be based on the history of FEMA flood mitigation
efforts, and take into account projected increase in sea level (if
applicable) and frequency and intensity of precipitation events,
which are not considered in current FEMA maps and National Flood
Insurance Program premiums;
(b) Adhere to the advanced elevation requirements established in
paragraph B. of section VI of the Prior Notice;
(c) Coordinate with local and regional planning efforts to
ensure consistency, including how the grantee will promote
community-level and/or regional (e.g., multiple local jurisdictions)
post-disaster recovery and mitigation planning;
(d) For infrastructure allocations, the grantee must also
describe:
i. How mitigation measures will be integrated into rebuilding
activities and the extent to which infrastructure activities funded
through this grant will achieve objectives outlined in regionally or
locally established plans and policies that are designed to reduce
future risk to the jurisdiction;
ii. How infrastructure activities will be informed by a
consideration of the costs and benefits of the project;
iii. How the State will seek to ensure that infrastructure
activities will avoid disproportionate impact on vulnerable
communities and create opportunities to address economic inequities
facing local communities;
iv. How the State align investments with other planned state or
local capital improvements and infrastructure development efforts,
and will work to foster the potential for additional infrastructure
funding from multiple sources, including existing state and local
capital improvement projects in planning, and the potential for
private investment; and
[[Page 5594]]
v. The extent to which the State will employ adaptable and
reliable technologies to guard against premature obsolescence of
infrastructure.
Additional guidance on predevelopment principles are described
in the Federal Resource Guide for Infrastructure Planning and
Design: (https://portal.hud.gov/hudportal/documents/huddoc?id=BAInfraResGuideMay2015.pdf)
The action plan must also provide for the use of CDBG-DR funds to
develop a disaster recovery and response plan that addresses long-term
recovery and pre- and post-disaster hazard mitigation, if one does not
currently exist.
V. Duration of Funding
Section 192 directs that these funds be available until expended.
However, consistent with OMB Circular A-11, if the Secretary or the
President determines that the purposes for which the appropriation has
been made have been carried out and no disbursements have been made
against the appropriation for two consecutive fiscal years, any
remaining unobligated balance will be made unavailable for obligation
or expenditure.
VI. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grants under this notice are as follows: 14.218; 14.228.
VII. 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(2)(C)). 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 Federal
Relay Service at 800-877-8339 (this is a toll-free number).
Dated: January 9, 2017.
Nani A. Coloretti,
Deputy Secretary.
Appendix A--Allocation of CDBG-DR Funds to Most Impacted and Distressed
Areas Due to 2016 Federally Declared Disasters Thru December 10, 2016
Background
Section 145(a) of Division C of the Continuing Appropriations
Act, 2017 (P. L.114-223, Division C), enacted on September 29, 2016,
appropriated $500,000,000 through the Community Development Block
Grant disaster recovery (CDBG-DR) program for necessary expenses for
authorized activities related to disaster relief, long-term
recovery, restoration of infrastructure and housing, and economic
revitalization in the most impacted and distressed areas resulting
from a major disaster declared in 2016 but prior to September 29,
2016. Section 145(a) of P. L. 114-223, Division C stated:
SEC. 145. (a) In addition to the amount otherwise provided by
section 101 for the ``Community Planning and Development, Community
Development Fund,'' there is appropriated $500,000,000 for an
additional amount for fiscal year 2016, to remain available until
expended, for necessary expenses for activities authorized under
title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic
revitalization in the most impacted and distressed areas resulting
from a major disaster declared in 2016, and which the disaster
occurred prior to the date of enactment of this Act, pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly
to the State or unit of general local government at the discretion
of the Secretary: . . .
Subsequently, section 101 of the Further Continuing and Security
Assistance Appropriations Act, 2017 (division A of Pub. L. 114-254,
approved December 10, 2016) (Appropriations Act) amended the
Continuing Appropriations Act, 2017 (division C of Public Law 114-
223) by adding a new section 192. Section 192(a) appropriates
$1,808,976,000 in CDBG-DR funding for the same purposes, authorities
and conditions as section 145(a) for major disasters declared in
2016 but prior to December 10, 2016. Section 192(b) authorizes HUD
to deduct $3,000,000 from this amount for the cost of administering
both appropriations, resulting in a total of $1,805,976,000
available for allocation.
Combined, the two appropriations make $2,305,976,000 available
for allocation, effectively matching HUD's November 2016 estimate
for serious unmet repair or replacement needs.
Most Impacted and Distressed Areas
As with prior CDBG-DR appropriations, HUD is not obligated to
allocate section 192 funds for all major disasters declared in 2016
but prior to December 10, 2016. Relying on the language of section
145(a), HUD is directed to use the funds ``in the most impacted and
distressed areas.'' HUD has implemented this directive by limiting
CDBG-DR formula allocations to jurisdictions with major disasters
that meet three standards:
(1) Individual Assistance/IHP designation. HUD has limited
allocations to those disasters where FEMA had determined the damage
was sufficient to declare the disaster as eligible to receive
Individual and Households Program (IHP) funding. President Obama
signed P.L. 114-254 into law on December 10, 2016, and 45 disasters
had received major declarations in calendar year 2016 by that date.
Only 17 of 45 disasters that were declared in 2016 have an IHP
designation.
(2) Concentrated damage. HUD has limited the allocations to
counties with high levels of damage. For this allocation, HUD is
using the amount of serious unmet housing need as its measure of
concentrated damage and limits the data used for the allocation only
to counties exceeding a ``natural break'' in the data for their
total amount of serious unmet housing needs. For purposes of this
allocation, the serious unmet housing needs break at the county
level occurs at $13 million. Serious unmet housing needs are
calculated as the additional cost to repair the most damaged homes
after subtracting out insurance, FEMA, and SBA assistance.
(3) Natural break. Among disasters with data meeting the first
two thresholds, HUD identifies a natural break in calculated serious
unmet recovery needs and funds only the jurisdictions that have
substantially higher unmet needs than other jurisdictions. The
jurisdictions clearing this threshold as a result of major disasters
declared since January 1, 2016 now includes Florida, North Carolina,
and South Carolina as a result of Hurricane Hermine or Hurricane
Matthew, as well as Louisiana, Texas, and West Virginia which were
qualified for funds appropriated by section 145(a) as a result of
major disasters declared prior to September 29, 2016.
These allocations are thus based on the unmet costs to repair
seriously damaged properties and infrastructure in the counties with
more than $13 million of serious unmet housing needs. These do not
capture expected resiliency costs, although grantees may choose to
use the CDBG funds for resiliency expenses. The estimated damage is
based on the following factors:
(1) Seriously damaged owner occupied units without insurance
repair estimate in Most Impacted Counties after FEMA, Insurance, and
SBA;
(2) Seriously damaged rental units occupied by renters with
income less than $20,000 repair estimate in Most Impacted Counties
after FEMA, Insurance, and SBA;
(3) Small businesses denied by SBA repair estimate; and
(4) The state match requirement to address the FEMA estimates
for repair of permanent infrastructure in the FEMA Public Assistance
program (categories C to G).
Methods for Estimating Unmet Needs for Housing
The data HUD staff have identified as being available to
calculate unmet needs for
[[Page 5595]]
qualifying disasters come from the FEMA Individual Assistance
program data on housing-unit damage as of December 9, 2016.
The core data on housing damage for both the unmet housing needs
calculation and the concentrated damage are based on home inspection
data for FEMA's Individual Assistance program. HUD calculates
``unmet housing needs'' as the number of housing units with unmet
needs times the estimated cost to repair those units less repair
funds already provided by FEMA, where:
Each of the FEMA inspected owner units are categorized by HUD
into one of five categories:
Minor-Low: Less than $3,000 of FEMA inspected real
property damage.
Minor-High: $3,000 to $7,999 of FEMA inspected real
property damage.
Major-Low: $8,000 to $14,999 of FEMA inspected real
property damage.
Major-High: $15,000 to $28,800 of FEMA inspected real
property damage and/or 4 to 6 feet of flooding on the first floor.
Severe: Greater than $28,800 of FEMA inspected real
property damage or determined destroyed and/or 6 or more feet of
flooding on the first floor.
To meet the statutory requirement of ``most impacted'' in this
legislative language, homes are determined to have a high level of
damage if they have damage of ``major-low'' or higher. That is, they
have a real property FEMA inspected damage of $8,000 or flooding
over 1 foot. Furthermore, a homeowner is determined to have unmet
needs if they reported damage and no insurance to cover that damage.
FEMA does not inspect rental units for real property damage so
personal property damage is used as a proxy for unit damage. Each of
the FEMA inspected renter units are categorized by HUD into one of
five categories:
Minor-Low: Less than $1,000 of FEMA inspected personal
property damage.
Minor-High: $1,000 to $1,999 of FEMA inspected personal
property damage.
Major-Low: $2,000 to $3,499 of FEMA inspected personal
property damage.
Major-High: $3,500 to $7,499 of FEMA inspected personal
property damage or 4 to 6 feet of flooding on the first floor.
Severe: Greater than $7,500 of FEMA inspected personal
property damage or determined destroyed and/or 6 or more feet of
flooding on the first floor.
For rental properties, to meet the statutory requirement of
``most impacted'' in this legislative language, homes are determined
to have a high level of damage if they have damage of ``major-low''
or higher. That is, they have a FEMA personal property damage
assessment of $2,000 or greater or flooding over 1 foot.
Furthermore, landlords are presumed to have adequate insurance
coverage unless the unit is occupied by a renter with income of
$20,000 or less. Units are occupied by a tenant with income less
than $20,000 are used to calculate likely unmet needs for affordable
rental housing.
The average cost to fully repair a home for a specific disaster
to code within each of the damage categories noted above is
calculated using the average real property damage repair costs
determined by the Small Business Administration for its disaster
loan program for the subset of homes inspected by both SBA and FEMA
for 2011 to 2013 disasters. Because SBA is inspecting for full
repair costs, it is presumed to reflect the full cost to repair the
home, which is generally more than the FEMA estimates on the cost to
make the home habitable.
For each household determined to have unmet housing needs (as
described above), their estimated average unmet housing need less
assumed assistance from FEMA, SBA, and insurance was calculated at
$27,455 for major damage (low); $45,688 for major damage (high); and
$59,493 for severe damage.
Methods for Estimating Unmet Infrastructure Needs
To best proxy unmet infrastructure needs, HUD uses data from
FEMA's Public Assistance program on the expected State match
requirement (usually 25 percent of the estimated public assistance
needs, it is 10 percent for DR-4277 in Louisiana). This allocation
uses only a subset of the Public Assistance damage estimates
reflecting the categories of activities most likely to require CDBG
funding above the Public Assistance and State match requirement.
Those activities are categories: C, Roads and Bridges; D, Water
Control Facilities; E, Public Buildings; F, Public Utilities; and G,
Recreational--Other. Categories A (Debris Removal) and B (Protective
Measures) are largely expended immediately after a disaster and
reflect interim recovery measures rather than the long-term recovery
measures for which CDBG funds are generally used.
Methods for Estimating Unmet Economic Revitalization Needs
Based on SBA disaster loans to businesses, HUD calculates the
median real estate and content loss by the following damage
categories for each state:
Category 1: Real estate + content loss = below 12,000
Category 2: Real estate + content loss = 12,000-30,000
Category 3: Real estate + content loss = 30,000-65,000
Category 4: Real estate + content loss = 65,000-150,000
Category 5: Real estate + content loss = above 150,000
For properties with real estate and content loss of $30,000 or
more, HUD calculates the estimated amount of unmet needs for small
businesses by multiplying the median damage estimates for the
categories above by the number of small businesses denied an SBA
loan, including those denied a loan prior to inspection due to
inadequate credit or income (or a decision had not been made), under
the assumption that damage among those denied at pre-inspection have
the same distribution of damage as those denied after inspection.
Allocation Calculation
Once eligible entities are identified using the above criteria,
the allocation to individual grantees represents their proportional
share of the estimated unmet needs. For the formula allocation, HUD
calculates total serious unmet recovery needs as the aggregate of:
Serious unmet housing needs in most impacted counties.
Serious unmet business needs.
The estimated local match requirement for the repair of
infrastructure estimated for FEMA's Public Assistance program.
Natural break for most impacted disasters. HUD limits funded
disasters to those with that have substantially higher unmet needs
than other jurisdictions. Florida, Louisiana, North Carolina, South
Carolina, Texas, and West Virginia each have aggregate unmet needs
in excess of $50,000,000, an amount that is higher than other
jurisdictions affected by major disasters declared between January 1
and December 10, 2016.
[FR Doc. 2017-01007 Filed 1-17-17; 8:45 am]
BILLING CODE 4210-67-P