Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees; State of Texas Allocation, 61320-61323 [2017-27960]
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
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.
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Overview of This Information
Collection
(1) Type of Information Collection
Request: Extension, Without Change, of
a Currently Approved Collection.
(2) Title of the Form/Collection:
Collection of Qualitative Feedback
through Focus Groups.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: No Agency
Form Number; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households; Business or other for-profit.
The information collection activity will
garner qualitative customer and
stakeholder feedback in an efficient,
timely manner, in accordance with the
Administration’s commitment to
improving service delivery. By
qualitative feedback USCIS means
information that provides useful
insights on perceptions and opinions,
but not responses to statistical surveys
that yield quantitative results that can
be generalized to the population of
study. This feedback will provide
information on customer and
stakeholder perceptions, experiences
and expectations, provide an early
warning of issues with service, and/or
focus attention on areas where
communication, training, or changes in
operations might improve delivery of
products or services. These collections
will allow for ongoing, collaborative and
actionable communications between the
Agency and its customers and
stakeholders and contribute directly to
the improvement of program
management. Feedback collected under
this generic clearance will provide
useful information, but it will not be
generalized to the overall population.
This data collection will not be used to
generate quantitative information that is
designed to yield reliably actionable
results, such as monitoring trends over
time or documenting program
performance.
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(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
collection is 3,000 and the estimated
hour burden per response is 1.5 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 4,500 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 $0.
Dated: December 20, 2017.
Samantha Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2017–27809 Filed 12–26–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6074–N–01]
Allocations, Common Application,
Waivers, and Alternative Requirements
for Community Development Block
Grant Disaster Recovery Grantees;
State of Texas Allocation
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice allocates
$57,800,000 of Community
Development Block Grant disaster
recovery (CDBG–DR) funds to the State
of Texas in response to Hurricane
Harvey. This allocation is made
pursuant to the requirements of Public
Law 115–31. This notice also makes a
technical correction to the previously
established alternative requirement on
the low- and moderate- income national
objective criteria for grantees
undertaking CDBG–DR buyouts and
housing incentives.
DATES: Applicable: January 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Jessie Handforth Kome, Acting Director,
Office of Block Grant Assistance,
Department of Housing and Urban
Development, 451 7th Street, SW, Room
10166, 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
SUMMARY:
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inquiries may be sent to Ms. Kome 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. 2017 Allocations
A. Background
B. Use of Funds
C. Grant Process
D. Applicable Rules, Statutes, Waivers, and
Alternative Requirements
E. Duration of Funding
II. Applicable Rules, Statutes, Waivers, and
Alternative Requirements
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact
I. 2017 Allocations
A. Background
Congress appropriated $400 million
in CDBG–DR funds for necessary
expenses for activities authorized under
title I of the Housing and Community
Development Act of 1974 (HCDA)
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
qualifying major disaster declared by
the President pursuant to the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act of 1974 (Stafford Act) (42
U.S.C. 5121 et seq.) in 2015, 2016, 2017
or later.
Of this amount, HUD previously
allocated $342,200,000 to areas
impacted by disasters in 2015 and 2016.
The $57,800,000 allocated under this
notice is the remaining amount from
$400 million appropriated under Public
Law 115–31.
Public Law 115–31 specifies that the
funds allocated for disasters in 2017 or
later must be allocated and used under
the same authority and conditions as
those applicable to CDBG–DR funds
appropriated by Public Law 114–223.
Therefore, the funds allocated to the
State of Texas under this notice are
subject to the authority and conditions
of Public Law 114–223 and the
requirements, waivers, and alternative
requirements applicable to CDBG–DR
funds appropriated under Public Law
114–223 provided in HUD’s Federal
Register notices published on November
21, 2016, January 18, 2017, and August
7, 2017. These Federal Register notices
describe the allocation and applicable
waivers and alternative requirements,
relevant statutory and regulatory
requirements, grant award process,
criteria for Action Plan approval, and
eligible disaster recovery activities for
the qualifying disaster.
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
Section III.A. of HUD’s August 7, 2017
Federal Register notice provided that
HUD would not evaluate a 2017 disaster
for qualification to receive CDBG–DR
funds until: (i) The major disaster has
been declared eligible for the Federal
Emergency Management Agency’s
(FEMA) Public Assistance (PA) Program
and Individual and Households (IHP)
Program; (ii) FEMA has approved
Individual Assistance applications
totaling at least $13 million in IHP
financial assistance for the declared
disaster in a single county; and (iii) four
months have passed since the disaster
declaration that made IHP available, or
the IHP registration period is closed,
whichever comes first. Section III. A. iii.
was intended to allow time for HUD to
gather data needed to validate that a
disaster met the eligibility thresholds
established in the methodology.
However, HUD has already received
sufficient data to show these thresholds
were far exceeded by Hurricane Harvey,
and thus, the Department is rescinding
section III. A. iii. of the August 7, 2017
notice to expedite this allocation.
Section III.A. also provided that HUD
would use the detailed methodology
specified in Appendix A of the January
18, 2017 notice and make allocations
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equal to the lesser of 100 percent of the
serious unmet needs or the remaining
funds available from Public Law 115–
31. Using updated data HUD received
from the Federal Emergency
Management Agency (FEMA) and the
Small Business Administration (SBA),
the unmet needs in Texas far exceed
this allocation of the remaining
$57,800,000 available from Public Law
115–31. A detailed explanation of
HUD’s allocation methodology
applicable to the $57,800,000 is
provided at Appendix A of the January
18, 2017 notice.
TABLE 1—QUALIFYING 2017 DISASTER AND ‘‘MOST IMPACTED AND DISTRESSED’’ AREA
FEMA
Disaster No.
Minimum amount that must be expended for
recovery in the HUD-identified ‘‘most impacted
and distressed’’ areas
Grantee
2017 Disasters
4332 ........................
State of Texas .......................................
The grantee’s use of funds is limited
to unmet recovery needs from Hurricane
Harvey (FEMA Disaster No. 4332). Table
2 shows the HUD-identified ‘‘most
impacted and distressed’’ areas
impacted by the identified disaster. At
least 80 percent of the $57,800,000 must
address unmet needs within Harris
County, Texas, which is the ‘‘most
impacted and distressed’’ area, as
identified by HUD. Texas may spend the
remaining 20 percent in Harris County
or in other areas the grantee determines
to be ‘‘most impacted and distressed’’
that a received a presidential disaster
declaration pursuant to the disaster
number listed in Table 1.
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B. Use of Funds
Public Law 115–31 requires funds to
be used only for specific disaster
recovery related purposes. This
allocation provides funds to the State of
Texas for authorized disaster recovery
efforts associated with Hurricane
Harvey. Section III of the August 7, 2017
notice describes the requirements
governing the submission of action
plans required for 2017 disasters.
However, the State of Texas previously
completed a CDBG–DR action plan for
2016 disasters and that action plan is
subject to the same requirements
applicable to this allocation. Due to the
severity of Hurricane Harvey and to
help ensure funds reach those affected
in a timely manner, HUD will allow
Texas to adopt and incorporate into its
Action Plan, for the funds allocated
under this notice, any relevant
information from the action plan that it
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Harris County ($46,240,000).
previously completed for its 2016
disaster allocation. Additionally, the
scale of analysis for this allocation may
be commensurate with the amount of
the allocation and the limited data
available this soon after the disaster.
Accordingly, section III. B. of the
August 7, 2017 notice is deleted and
replaced with the following:
B. Use of Funds
Grantees receiving an allocation of
funds under Public Law 115–31 for
2017 and later disasters pursuant to a
subsequent notice are subject to the
requirements of the November 21, 2016
notice, as amended, which require 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. The
grantee’s Action Plan for 2017 disasters
may adopt and incorporate applicable
sections and any other relevant
information from its Action Plan for
2016 disasters, previously submitted
pursuant to the November 21, 2016
notice or January 18, 2017 notice. The
grantee must include updated
information specific to the 2017
disasters, such as its analysis of unmet
needs and use of funds to address these
needs. The Action Plan for 2017
disasters must describe uses and
activities for all funds that: (1) Are
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authorized under title I of the Housing
and Community Development Act of
1974 (HCDA) or allowed by a waiver or
alternative requirement; and (2) respond
to disaster-related impact to
infrastructure, housing, and economic
revitalization in the most impacted and
distressed areas. To inform the Action
Plan, the grantee must conduct an
updated 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
November 21, 2016, notice, as amended.
However, the scale of analysis for this
allocation may be commensurate with
the amount of the allocation and the
limited data available.
Public Law 115–31 requires the
Secretary to certify, in advance of
signing a grant agreement, that the
grantee has in place proficient financial
controls and procurement processes and
has established adequate procedures to
prevent any duplication of benefits as
defined by section 312 of the Stafford
Act, ensure timely expenditure of funds,
maintain comprehensive websites
regarding all disaster recovery activities
assisted with these funds, and detect
and prevent waste, fraud, and abuse of
funds. The November 21, 2016 notice
further required grantees to submit risk
analysis documentation and to certify to
its capacity to administer CDBG–DR
funds. To provide a basis for these
certifications, grantees were required to
submit documentation to the
Department demonstrating compliance
with the stated requirements of the
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statute and corresponding notice. The
Department will not require grantees to
resubmit its previous documentation to
support the Secretary’s required
certification before signing the grant
agreement for funds under Public Law
115–31 for 2017 disasters. Instead,
grantees receiving an allocation of funds
under Public Law 115–31 for 2017
disasters may submit a new certification
to HUD indicating that its submissions
in response to the certification
requirements of the November 21, 2016
notice for its CDBG–DR grant for 2016
disasters remain unchanged, and the
policies and procedures on which HUD
based its certification for 2016 disasters
are adopted and will apply to the
grantee’s CDBG–DR grant allocation for
2017 disasters. Alternatively, grantees
may provide a supplement updating its
previous submissions in response to the
certification requirements of the
November 21, 2016 notice to indicate
any changes that will apply to the use
of funds for 2017 disasters, and will
submit a certification that its
submissions remain unchanged, except
as indicated.
Pursuant to the November 21, 2016
notice, as amended, a grantee receiving
an allocation of funds for 2017 disasters
in a subsequent notice is also 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.
A grantee receiving an allocation of
funds for 2017 disasters will be subject
to the grant process provided for in
section V. of the November 21, 2016
notice, as amended. The grantee and
HUD will execute a separate grant
agreement for funds for 2017 disasters.
C. Grant Process
To receive funds allocated by this
notice, Texas may adopt and
incorporate applicable sections and any
other relevant information from its
approved Action Plan for 2016 disasters,
and include any additional information,
as appropriate, to address recovery from
Hurricane Harvey. In developing the
resulting Action Plan for Hurricane
Harvey (Public Law 115–31), Texas
must meet the grant process
requirements from the November 21,
2016 notice, which include the
following:
• Consult with affected citizens,
stakeholders, local governments, and
public housing authorities to assess
needs;
• Publish the resulting Action Plan
for Hurricane Harvey (Pub. L. 115–31)
in accordance with the requirements set
forth in section VI.A.4.a of the
November 21, 2016 notice, including
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the requirement to prominently post the
Action Plan on its official website for no
less than 14 calendar days. The grantee
must also ensure equal access for
persons with disabilities and persons
with limited English proficiency. The
manner of publication must afford
citizens, affected local governments, and
other interested parties a reasonable
opportunity to examine the Action Plan
contents and provide feedback;
• Respond to public comment and
submit its resulting Action Plan for 2017
disasters to HUD no later than 90 days
after the effective date of this notice;
• Enter the activities from its
published Action Plan for Hurricane
Harvey (Pub. L. 115–31) into the
Disaster Recovery Grant Reporting
(DRGR) system and submit the updated
DRGR Action Plan to HUD within the
system;
• Sign and return the grant agreement
to HUD;
• Ensure that the HUD approved
Action Plan for Hurricane Harvey (Pub.
L. 115–31) is posted prominently on its
official website; and
• Amend its published Action Plan
for Hurricane Harvey (Pub. L. 115–31) to
include its projection of expenditures
and outcomes within 90 days of the
Action Plan approval.
HUD will review Texas’s resulting
Action Plan for Hurricane Harvey (Pub.
L. 115–31) within 45 days from date of
receipt and determine whether to
approve the plan per criteria identified
in this notice and all applicable prior
notices. HUD will then send an
approval letter, grant conditions, and an
unsigned grant agreement to the grantee.
If the state’s Action Plan is not
approved, a letter will be sent
identifying its deficiencies and the state
must then re-submit the plan within 45
days of the notification letter.
Once HUD signs the grant agreement
and revises the grantee’s line of credit
amount, the state may draw down funds
from the line of credit after the
Responsible Entity completes applicable
environmental review(s) pursuant to 24
CFR part 58 or as authorized by Public
Law 115–31 and, as applicable, receives
from HUD or the state an approved
Request for Release of Funds and
certification.
D. Applicable Rules, Statutes, Waivers,
and Alternative Requirements
The funds allocated under this notice
are subject to the waivers and
alternative requirements provided in the
November 21, 2016, January 18, 2017,
and August 7, 2017 notices governing
the award of CDBG–DR funds to 2016
grantees. These waivers and alternative
requirements provide additional
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flexibility in program design and
implementation to support full and
swift recovery following the disasters,
while also ensuring that statutory
requirements are met. Texas may
request additional waivers and
alternative requirements from the
Department, as needed, to address
specific needs related to its recovery
activities. Waivers and alternative
requirements are effective five days after
they are published in the Federal
Register.
E. Duration of Funding
Public Law 115–31 provides that
these funds will remain available until
expended. However, consistent with 31
U.S.C. 1555 and 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 balance will be
made unavailable for obligation or
expenditure. Consistent with the
November 21, 2016, January 18, 2017,
and August 7, 2017 notices, the
provisions at 24 CFR 570.494 and 24
CFR 570.902 regarding timely
distribution of funds are waived and
replaced with alternative requirements.
Grantees must expend 100 percent of
their allocation of CDBG–DR funds on
eligible activities within 6 years of
HUD’s execution of the grant agreement.
II. Applicable Rules, Statutes, Waivers,
and Alternative Requirements
This section of the notice provides a
technical correction to the previously
established alternative requirement on
the low- and moderate- income (LMI)
national objective criteria for grantees
undertaking buyouts and housing
incentives with CDBG–DR funding
provided by Public Laws 113–2, 114–
113, 114–223, 114–254 and 115–31.
The Federal Register notice published
by the Department on August 7, 2017
(82 FR 36812) established additional
opportunities for CDBG–DR grantees to
meet the LMI national objective with
respect to assistance provided to LMI
persons through buyouts and housing
incentives. After the publication of that
notice, HUD determined that the
language used would make it difficult
for grantees to meet those objectives.
Accordingly, starting at the fifth
paragraph of Section V, the August 7,
2017 notice is amended to read:
For a buyout award or housing
incentive to meet the new LMB and
LMHI national objectives, grantees must
demonstrate the following:
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices
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(1) The CDBG–DR funds have been
provided for an eligible activity that
benefits LMI households by supporting
their move from high risk areas. The
following activities shall qualify under
this criterion, and must also meet the
eligibility criteria of the notices
governing the use of the CDBG–DR
funds:
(a) Low/Mod Buyout (LMB). When
CDBG–DR funds are used for a buyout
award to acquire housing owned by a
qualifying LMI household, where the
award amount is greater than postdisaster (current) fair market value of
that property;
(b) Low/Mod Housing Incentive
(LMHI). When CDBG–DR funds are used
for a housing incentive award, tied to
the voluntary buyout or other voluntary
acquisition of housing owned by a
qualifying LMI household, for which the
housing incentive is for the purpose of
moving outside of the affected
floodplain or to a lower-risk area; or
when the housing incentive is for the
purpose of providing or improving
residential structures that, upon
completion, will be occupied by an LMI
household.
(2) Activities that meet the above
criteria will be considered to benefit
low- and moderate-income persons
unless there is substantial evidence to
the contrary.
Any activities that meet the newly
established national objective criteria
described above will count towards the
calculation of a CDBG–DR grantee’s
overall LMI benefit to comply with the
primary objective described in 24 CFR
570.200(a)(3) and 24 CFR 570.484(b).
Grantees receiving an allocation of
CDBG–DR funds pursuant to the
following appropriations acts must
specifically request a waiver and
alternative requirement from HUD in
order apply the new national objective
criteria established in this section of the
notice: Public Law 109–148, 109–234,
and 110–116 (Katrina, Rita, and Wilma);
Public Law 110–252 and 110–328 (2008
Disasters), Public Law 111–112 (2010
disasters), and Public Law 112–55 (2011
disasters).
III. 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; and 14.269.
IV. 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
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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).
Dated: December 20, 2017.
Neal J. Rackleff,
Assistant Secretary for Community Planning
and Development.
[FR Doc. 2017–27960 Filed 12–26–17; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[18XD4523WS/DWSN0000.000000/
DS61500000/DP.61501]
Invasive Species Advisory Committee;
Request for Nominations
Office of the Secretary, Interior.
Notice.
AGENCY:
ACTION:
The U.S. Department of the
Interior, on behalf of the
interdepartmental National Invasive
Species Council (NISC), proposes to
appoint new members to the Invasive
Species Advisory Committee (ISAC).
The Secretary of the Interior, acting as
administrative lead, is requesting
nominations for qualified persons to
serve as members of the ISAC.
DATES: Nominations must be
postmarked by February 26, 2018.
ADDRESSES: Nominations should be sent
to Jamie K. Reaser, Executive Director,
National Invasive Species Council (OS/
NISC), Regular/Express Mail: 1849 C
Street NW (Mailstop 3530), Washington,
DC 20240.
FOR FURTHER INFORMATION CONTACT:
Kelsey Brantley, Coordinator for NISC
and ISAC Operations, at (202) 208–
4122, fax: (202) 208–4118, or by email
at Kelsey_Brantley@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Advisory Committee Scope and
Objectives
Executive Order (E.O.) 13112
authorized the National Invasive
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61323
Species Council (NISC) to provide
interdepartmental coordination,
planning, and leadership for the Federal
Government on the prevention,
eradication, and control of invasive
species. This authorization was recently
reiterated in E.O. 13751. NISC is
currently comprised of the senior-most
leadership of thirteen Federal
Departments/Agencies and three
Executive Offices of the President. The
Co-chairs of NISC are the Secretaries of
the Interior, Agriculture, and
Commerce. The Invasive Species
Advisory Committee (ISAC) advises
NISC. NISC is requesting nominations
for individuals to serve on the ISAC.
NISC provides high-level
interdepartmental coordination of
Federal invasive species actions and
works with other Federal and nonFederal groups to address invasive
species issues at the national level.
NISC duties, consistent with E.O. 13751,
are to provide national leadership
regarding invasive species and: (a) Work
to ensure that the Federal agency and
interagency activities concerning
invasive species are coordinated,
complementary, cost-efficient, and
effective; (b) undertake a National
Invasive Species Assessment that
evaluates the impact of invasive species
on major U.S. assets, including food
security, water resources, infrastructure,
the environment, human, animal, and
plant health, natural resources, cultural
identity and resources, and military
readiness, from ecological, social, and
economic perspectives; (c) advance
national incident response, data
collection, and rapid reporting
capacities that build on existing
frameworks and programs and
strengthen early detection of and rapid
response to invasive species, including
those that are vectors, reservoirs, or
causative agents of disease; (d) publish
an assessment by 2019 that identifies
the most pressing scientific, technical,
and programmatic coordination
challenges to the Federal Government’s
capacity to prevent the introduction of
invasive species, and that incorporate
recommendations and priority actions
to overcome these challenges into the
National Invasive Species Council
Management Plan, as appropriate; (e)
support and encourage the development
of new technologies and practices, and
promote the use of existing technologies
and practices, to prevent, eradicate, and
control invasive species, including
those that are vectors, reservoirs, and
causative agents of disease; (f) convene
annually to discuss and coordinate
interagency priorities and report
annually on activities and budget
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]]>Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61320-61323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27960]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6074-N-01]
Allocations, Common Application, Waivers, and Alternative
Requirements for Community Development Block Grant Disaster Recovery
Grantees; State of Texas Allocation
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice allocates $57,800,000 of Community Development
Block Grant disaster recovery (CDBG-DR) funds to the State of Texas in
response to Hurricane Harvey. This allocation is made pursuant to the
requirements of Public Law 115-31. This notice also makes a technical
correction to the previously established alternative requirement on the
low- and moderate- income national objective criteria for grantees
undertaking CDBG-DR buyouts and housing incentives.
DATES: Applicable: January 2, 2018.
FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Acting
Director, Office of Block Grant Assistance, Department of Housing and
Urban Development, 451 7th Street, SW, Room 10166, 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 Ms. Kome at
202-401-2044. (Except for the''800'' number, these telephone numbers
are not toll-free.) Email inquiries may be sent to
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. 2017 Allocations
A. Background
B. Use of Funds
C. Grant Process
D. Applicable Rules, Statutes, Waivers, and Alternative
Requirements
E. Duration of Funding
II. Applicable Rules, Statutes, Waivers, and Alternative
Requirements
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact
I. 2017 Allocations
A. Background
Congress appropriated $400 million in CDBG-DR funds for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (HCDA) 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 qualifying major disaster declared by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1974 (Stafford Act) (42 U.S.C. 5121 et seq.) in 2015,
2016, 2017 or later.
Of this amount, HUD previously allocated $342,200,000 to areas
impacted by disasters in 2015 and 2016. The $57,800,000 allocated under
this notice is the remaining amount from $400 million appropriated
under Public Law 115-31.
Public Law 115-31 specifies that the funds allocated for disasters
in 2017 or later must be allocated and used under the same authority
and conditions as those applicable to CDBG-DR funds appropriated by
Public Law 114-223. Therefore, the funds allocated to the State of
Texas under this notice are subject to the authority and conditions of
Public Law 114-223 and the requirements, waivers, and alternative
requirements applicable to CDBG-DR funds appropriated under Public Law
114-223 provided in HUD's Federal Register notices published on
November 21, 2016, January 18, 2017, and August 7, 2017. These Federal
Register notices describe the allocation and applicable waivers and
alternative requirements, relevant statutory and regulatory
requirements, grant award process, criteria for Action Plan approval,
and eligible disaster recovery activities for the qualifying disaster.
[[Page 61321]]
Section III.A. of HUD's August 7, 2017 Federal Register notice
provided that HUD would not evaluate a 2017 disaster for qualification
to receive CDBG-DR funds until: (i) The major disaster has been
declared eligible for the Federal Emergency Management Agency's (FEMA)
Public Assistance (PA) Program and Individual and Households (IHP)
Program; (ii) FEMA has approved Individual Assistance applications
totaling at least $13 million in IHP financial assistance for the
declared disaster in a single county; and (iii) four months have passed
since the disaster declaration that made IHP available, or the IHP
registration period is closed, whichever comes first. Section III. A.
iii. was intended to allow time for HUD to gather data needed to
validate that a disaster met the eligibility thresholds established in
the methodology. However, HUD has already received sufficient data to
show these thresholds were far exceeded by Hurricane Harvey, and thus,
the Department is rescinding section III. A. iii. of the August 7, 2017
notice to expedite this allocation.
Section III.A. also provided that HUD would use the detailed
methodology specified in Appendix A of the January 18, 2017 notice and
make allocations equal to the lesser of 100 percent of the serious
unmet needs or the remaining funds available from Public Law 115-31.
Using updated data HUD received from the Federal Emergency Management
Agency (FEMA) and the Small Business Administration (SBA), the unmet
needs in Texas far exceed this allocation of the remaining $57,800,000
available from Public Law 115-31. A detailed explanation of HUD's
allocation methodology applicable to the $57,800,000 is provided at
Appendix A of the January 18, 2017 notice.
Table 1--Qualifying 2017 Disaster and ``Most Impacted and Distressed''
Area
------------------------------------------------------------------------
Minimum amount that
must be expended for
recovery in the HUD-
FEMA Disaster No. Grantee identified ``most
impacted and
distressed'' areas
------------------------------------------------------------------------
2017 Disasters
------------------------------------------------------------------------
4332.......................... State of Texas... Harris County
($46,240,000).
------------------------------------------------------------------------
The grantee's use of funds is limited to unmet recovery needs from
Hurricane Harvey (FEMA Disaster No. 4332). Table 2 shows the HUD-
identified ``most impacted and distressed'' areas impacted by the
identified disaster. At least 80 percent of the $57,800,000 must
address unmet needs within Harris County, Texas, which is the ``most
impacted and distressed'' area, as identified by HUD. Texas may spend
the remaining 20 percent in Harris County or in other areas the grantee
determines to be ``most impacted and distressed'' that a received a
presidential disaster declaration pursuant to the disaster number
listed in Table 1.
B. Use of Funds
Public Law 115-31 requires funds to be used only for specific
disaster recovery related purposes. This allocation provides funds to
the State of Texas for authorized disaster recovery efforts associated
with Hurricane Harvey. Section III of the August 7, 2017 notice
describes the requirements governing the submission of action plans
required for 2017 disasters. However, the State of Texas previously
completed a CDBG-DR action plan for 2016 disasters and that action plan
is subject to the same requirements applicable to this allocation. Due
to the severity of Hurricane Harvey and to help ensure funds reach
those affected in a timely manner, HUD will allow Texas to adopt and
incorporate into its Action Plan, for the funds allocated under this
notice, any relevant information from the action plan that it
previously completed for its 2016 disaster allocation. Additionally,
the scale of analysis for this allocation may be commensurate with the
amount of the allocation and the limited data available this soon after
the disaster. Accordingly, section III. B. of the August 7, 2017 notice
is deleted and replaced with the following:
B. Use of Funds
Grantees receiving an allocation of funds under Public Law 115-31
for 2017 and later disasters pursuant to a subsequent notice are
subject to the requirements of the November 21, 2016 notice, as
amended, which require 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. The grantee's Action Plan for 2017
disasters may adopt and incorporate applicable sections and any other
relevant information from its Action Plan for 2016 disasters,
previously submitted pursuant to the November 21, 2016 notice or
January 18, 2017 notice. The grantee must include updated information
specific to the 2017 disasters, such as its analysis of unmet needs and
use of funds to address these needs. The Action Plan for 2017 disasters
must describe uses and activities for all funds that: (1) Are
authorized under title I of the Housing and Community Development Act
of 1974 (HCDA) or allowed by a waiver or alternative requirement; and
(2) respond to disaster-related impact to infrastructure, housing, and
economic revitalization in the most impacted and distressed areas. To
inform the Action Plan, the grantee must conduct an updated 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 November 21, 2016, notice, as amended.
However, the scale of analysis for this allocation may be commensurate
with the amount of the allocation and the limited data available.
Public Law 115-31 requires the Secretary to certify, in advance of
signing a grant agreement, that the grantee has in place proficient
financial controls and procurement processes and has established
adequate procedures to prevent any duplication of benefits as defined
by section 312 of the Stafford Act, ensure timely expenditure of funds,
maintain comprehensive websites regarding all disaster recovery
activities assisted with these funds, and detect and prevent waste,
fraud, and abuse of funds. The November 21, 2016 notice further
required grantees to submit risk analysis documentation and to certify
to its capacity to administer CDBG-DR funds. To provide a basis for
these certifications, grantees were required to submit documentation to
the Department demonstrating compliance with the stated requirements of
the
[[Page 61322]]
statute and corresponding notice. The Department will not require
grantees to resubmit its previous documentation to support the
Secretary's required certification before signing the grant agreement
for funds under Public Law 115-31 for 2017 disasters. Instead, grantees
receiving an allocation of funds under Public Law 115-31 for 2017
disasters may submit a new certification to HUD indicating that its
submissions in response to the certification requirements of the
November 21, 2016 notice for its CDBG-DR grant for 2016 disasters
remain unchanged, and the policies and procedures on which HUD based
its certification for 2016 disasters are adopted and will apply to the
grantee's CDBG-DR grant allocation for 2017 disasters. Alternatively,
grantees may provide a supplement updating its previous submissions in
response to the certification requirements of the November 21, 2016
notice to indicate any changes that will apply to the use of funds for
2017 disasters, and will submit a certification that its submissions
remain unchanged, except as indicated.
Pursuant to the November 21, 2016 notice, as amended, a grantee
receiving an allocation of funds for 2017 disasters in a subsequent
notice is also 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.
A grantee receiving an allocation of funds for 2017 disasters will
be subject to the grant process provided for in section V. of the
November 21, 2016 notice, as amended. The grantee and HUD will execute
a separate grant agreement for funds for 2017 disasters.
C. Grant Process
To receive funds allocated by this notice, Texas may adopt and
incorporate applicable sections and any other relevant information from
its approved Action Plan for 2016 disasters, and include any additional
information, as appropriate, to address recovery from Hurricane Harvey.
In developing the resulting Action Plan for Hurricane Harvey (Public
Law 115-31), Texas must meet the grant process requirements from the
November 21, 2016 notice, which include the following:
Consult with affected citizens, stakeholders, local
governments, and public housing authorities to assess needs;
Publish the resulting Action Plan for Hurricane Harvey
(Pub. L. 115-31) in accordance with the requirements set forth in
section VI.A.4.a of the November 21, 2016 notice, including the
requirement to prominently post the Action Plan on its official website
for no less than 14 calendar days. The grantee must also ensure equal
access for persons with disabilities and persons with limited English
proficiency. The manner of publication must afford citizens, affected
local governments, and other interested parties a reasonable
opportunity to examine the Action Plan contents and provide feedback;
Respond to public comment and submit its resulting Action
Plan for 2017 disasters to HUD no later than 90 days after the
effective date of this notice;
Enter the activities from its published Action Plan for
Hurricane Harvey (Pub. L. 115-31) into the Disaster Recovery Grant
Reporting (DRGR) system and submit the updated DRGR Action Plan to HUD
within the system;
Sign and return the grant agreement to HUD;
Ensure that the HUD approved Action Plan for Hurricane
Harvey (Pub. L. 115-31) is posted prominently on its official website;
and
Amend its published Action Plan for Hurricane Harvey (Pub.
L. 115-31) to include its projection of expenditures and outcomes
within 90 days of the Action Plan approval.
HUD will review Texas's resulting Action Plan for Hurricane Harvey
(Pub. L. 115-31) within 45 days from date of receipt and determine
whether to approve the plan per criteria identified in this notice and
all applicable prior notices. HUD will then send an approval letter,
grant conditions, and an unsigned grant agreement to the grantee. If
the state's Action Plan is not approved, a letter will be sent
identifying its deficiencies and the state must then re-submit the plan
within 45 days of the notification letter.
Once HUD signs the grant agreement and revises the grantee's line
of credit amount, the state may draw down funds from the line of credit
after the Responsible Entity completes applicable environmental
review(s) pursuant to 24 CFR part 58 or as authorized by Public Law
115-31 and, as applicable, receives from HUD or the state an approved
Request for Release of Funds and certification.
D. Applicable Rules, Statutes, Waivers, and Alternative Requirements
The funds allocated under this notice are subject to the waivers
and alternative requirements provided in the November 21, 2016, January
18, 2017, and August 7, 2017 notices governing the award of CDBG-DR
funds to 2016 grantees. 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. Texas may request
additional waivers and alternative requirements from the Department, as
needed, to address specific needs related to its recovery activities.
Waivers and alternative requirements are effective five days after they
are published in the Federal Register.
E. Duration of Funding
Public Law 115-31 provides that these funds will remain available
until expended. However, consistent with 31 U.S.C. 1555 and 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 balance will be made
unavailable for obligation or expenditure. Consistent with the November
21, 2016, January 18, 2017, and August 7, 2017 notices, the provisions
at 24 CFR 570.494 and 24 CFR 570.902 regarding timely distribution of
funds are waived and replaced with alternative requirements. Grantees
must expend 100 percent of their allocation of CDBG-DR funds on
eligible activities within 6 years of HUD's execution of the grant
agreement.
II. Applicable Rules, Statutes, Waivers, and Alternative Requirements
This section of the notice provides a technical correction to the
previously established alternative requirement on the low- and
moderate- income (LMI) national objective criteria for grantees
undertaking buyouts and housing incentives with CDBG-DR funding
provided by Public Laws 113-2, 114-113, 114-223, 114-254 and 115-31.
The Federal Register notice published by the Department on August
7, 2017 (82 FR 36812) established additional opportunities for CDBG-DR
grantees to meet the LMI national objective with respect to assistance
provided to LMI persons through buyouts and housing incentives. After
the publication of that notice, HUD determined that the language used
would make it difficult for grantees to meet those objectives.
Accordingly, starting at the fifth paragraph of Section V, the August
7, 2017 notice is amended to read:
For a buyout award or housing incentive to meet the new LMB and
LMHI national objectives, grantees must demonstrate the following:
[[Page 61323]]
(1) The CDBG-DR funds have been provided for an eligible activity
that benefits LMI households by supporting their move from high risk
areas. The following activities shall qualify under this criterion, and
must also meet the eligibility criteria of the notices governing the
use of the CDBG-DR funds:
(a) Low/Mod Buyout (LMB). When CDBG-DR funds are used for a buyout
award to acquire housing owned by a qualifying LMI household, where the
award amount is greater than post-disaster (current) fair market value
of that property;
(b) Low/Mod Housing Incentive (LMHI). When CDBG-DR funds are used
for a housing incentive award, tied to the voluntary buyout or other
voluntary acquisition of housing owned by a qualifying LMI household,
for which the housing incentive is for the purpose of moving outside of
the affected floodplain or to a lower-risk area; or when the housing
incentive is for the purpose of providing or improving residential
structures that, upon completion, will be occupied by an LMI household.
(2) Activities that meet the above criteria will be considered to
benefit low- and moderate-income persons unless there is substantial
evidence to the contrary.
Any activities that meet the newly established national objective
criteria described above will count towards the calculation of a CDBG-
DR grantee's overall LMI benefit to comply with the primary objective
described in 24 CFR 570.200(a)(3) and 24 CFR 570.484(b). Grantees
receiving an allocation of CDBG-DR funds pursuant to the following
appropriations acts must specifically request a waiver and alternative
requirement from HUD in order apply the new national objective criteria
established in this section of the notice: Public Law 109-148, 109-234,
and 110-116 (Katrina, Rita, and Wilma); Public Law 110-252 and 110-328
(2008 Disasters), Public Law 111-112 (2010 disasters), and Public Law
112-55 (2011 disasters).
III. 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; and
14.269.
IV. 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: December 20, 2017.
Neal J. Rackleff,
Assistant Secretary for Community Planning and Development.
[FR Doc. 2017-27960 Filed 12-26-17; 8:45 am]
BILLING CODE 4210-67-P
