Waiver and Alternative Requirement for Community Development Block Grant-Disaster Recovery (CDBG-DR) Grantees, 97-98 [2019-00050]
Download as PDF
<![CDATA[
97
Notices
Federal Register
Vol. 84, No. 6
Wednesday, January 9, 2019
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6136–N–01]
Waiver and Alternative Requirement
for Community Development Block
Grant—Disaster Recovery (CDBG–DR)
Grantees
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
AGENCY:
ACTION:
Notice.
This notice addresses
Community Development Block Grant
disaster recovery (CDBG–DR) funds.
Specifically, this notice waives and
establishes an alternative requirement
for the timing of HUD’s review of
CDBG–DR Action Plans for Disaster
Recovery and Action Plan Amendments
that were pending approval as of
December 21, 2018. HUD is taking this
action due to a lapse in its
appropriations for FY 2019 as of that
date and the resultant inability to
satisfactorily complete the review and
approval process consistent with its
customary timeline.
SUMMARY:
DATES:
Applicability Date: January 14,
2019.
amozie on DSK3GDR082PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
David C. Woll, Jr., Principal Deputy
Assistant Secretary, Department of
Housing and Urban Development, 451
7th Street SW, Room 7100, Washington,
DC 20410, telephone number 202–708–
2690. Persons with hearing or speech
disability may access this number via
TTY/VRS by calling the Federal Relay
Service at 800–877–8339. Facsimile
inquiries may be sent to Mr. Woll at
202–708–0033. (Except for the ‘‘800’’
number, these telephone numbers are
not toll-free.) Email inquiries may be
sent to disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:13 Jan 08, 2019
Jkt 247001
I. Waiver and Alternative Requirement
for HUD Review of Action Plans for
Disaster Recovery and Action Plan
Amendments Related to Funding
Appropriated by Public Laws 115–123
and 115–56
Public Law 115–123 1 appropriated
$28 billion of Community Development
Block Grant disaster recovery (CDBG–
DR) funding for two purposes: (1) To
address unmet needs arising from
certain major declared disasters that
occurred in 2017; and (2) To fund
mitigation activities for all CDBG–DR
grantees that received CDBG–DR
funding in response to unmet needs
arising from major disasters declared in
2015, 2016, and 2017. These funds were
in addition to $7.4 billion appropriated
by Public Law 115–56 2 for unmet needs
arising from major declared disasters in
2017. HUD allocated virtually all
funding for unmet needs 3 and
established administrative requirements
via two Federal Register Notices
published on February 9, 2018 (83 FR
5844–5869) and August 14, 2018 (83 FR
40314–40325).
In general, the funds are to be used for
activities authorized under Title I of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.)
(HCD Act) related to disaster relief,
long-term recovery, restoration of
infrastructure and housing and
economic revitalization in the ‘‘most
impacted and distressed’’ areas defined
by HUD. By providing the supplemental
disaster recovery funding under Title I
of the HCD Act, Congress implicates the
general statutory and regulatory
requirements of the Community
Development Block Grant (CDBG)
program.
Both Public Law 115–123 and 115–56
include the following proviso with
respect to CDBG–DR funding:
Provided further, That prior to the
obligation of funds a grantee shall
submit a plan to the Secretary for
1 See Title XI, Subdivision I, Division B of Public
Law 115–123, the Bipartisan Budget Act of 2018.
2 See Division B of Public Law 115–56,
Continuing Appropriations Act, 2018 and
Supplemental Appropriations for Disaster Relief
Requirements, 2017.
3 While HUD has informally indicated how it will
allocate $2 billion in CDBG–DR unmet need
funding to enhance or improve electrical power
systems in jurisdictions affected by Hurricane Maria
in 2017, the formal allocation will be made via a
Federal Register Notice to be published in the
future.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
approval detailing the proposed use of
all funds, . . . :
HUD’s Federal Register Notice of
February 9, 2018, establishes the
requirements and criteria that inform
these plans and substantial amendments
thereto (see section VI., A.2., Action
Plan for Disaster Recovery waiver and
alternative requirement (83 FR 5849)).
Section VI., A.2.(e) is entitled Review
and Approval of Action Plan and states
that ‘‘HUD will review each action plan
within 45 days from the date or
receipt.’’ The above referenced
requirements are also generally
applicable to CDBG–DR funds allocated
by the August 14, 2018, Notice, via
Section II., ‘‘Use of Funds.’’
For CDBG–DR funds appropriated by
Public Laws 115–123 and 115–56, HUD
currently has three Action Plan
Amendments (State of Florida, the
Commonwealth of Puerto Rico and the
United States Virgin Islands (USVI))
pending review and approval involving
an aggregate of $9.3 billion. In addition,
there are Action Plans from the states of
California, Georgia and Missouri
pending review and approval for an
aggregate of $221 million.
Public Laws 115–123 and 115–56 also
include the following proviso:
Provided further, That in administering the
funds under this heading, the Secretary of
Housing and Urban Development may waive,
or specify alternative requirements for, any
provision of any statute or regulation that the
Secretary administers in connection with the
obligation by the Secretary or the use by the
recipient of these funds (except for
requirements related to fair housing,
nondiscrimination, labor standards, and the
environment), if the Secretary finds that good
cause exists for the waiver or alternative
requirement and such waiver or alternative
requirement would not be inconsistent with
the overall purpose of title I of the Housing
and Community Development Act of 1974:
This proviso enables HUD to waive
various statutory requirements
applicable to CDBG and to establish
alternative requirements to those
provisions. In this Notice, HUD is
applying this authority to extend the
period available for HUD review of
pending Action Plan Amendments and
Action Plans involving CDBG–DR
funding under Public Laws 115–123 and
115–56.
Due to the lapse of FY 2019
appropriations for HUD as of December
21, 2018, HUD has already issued a
regulatory waiver extending the HUD
E:\FR\FM\09JAN1.SGM
09JAN1
98
Federal Register / Vol. 84, No. 6 / Wednesday, January 9, 2019 / Notices
review period for the Action Plan
Amendments submitted by Florida,
Puerto Rico and the USVI from 45 days
to 60 days, which is the period set forth
under the applicable statutory provision
(42 U.S.C. 12705(c)(1)) for consideration
of housing strategy, which is analogous
to an action plan or action plan
amendment. HUD has not yet addressed
the status of the pending Action Plans
for California, Georgia and Missouri as
the 45-day review period for these
submissions occurs in late January,
2019. However, HUD cannot be assured
of completing the reviews of these
pending submissions and issuing
affirmative approvals as required by
Public Laws 115–123 and 115–56 given
the impact upon HUD’s operations
during the appropriations lapse period.
Therefore, the Secretary finds that there
is good cause to waive the statutory
sixty (60) day review deadline
established by 42 U.S.C. 12705(c)(1) and
is issuing an alternative requirement for
review of pending Action Plan
Amendments and Action Plans
involving funding under Public Laws
115–123 and 115–56. HUD will review
the pending Action Plan Amendments
and Action Plans and provide affected
grantees with a decision within a time
period which will be announced by
HUD after enactment of funding for the
Department’s normal operations.
Failure to extend the review period
could lead to deemed approvals upon
expiration of the customary 60-day
review period, an outcome that would
be inconsistent with both HUD’s
oversight responsibilities and the
purposes of the CDBG–DR funding or,
alternatively, disapproval. Grantees
with pending submissions are advised
that the extension of HUD’s review
period and resulting delays should not
be considered a commentary on the
submissions but is a recognition of the
current circumstances.
amozie on DSK3GDR082PROD with NOTICES1
II. Catalog of Federal Domestic
Assistance
The Catalog of Federal Domestic
Assistance numbers for the disaster
recovery grants under this notice is
14.228 for State CDBG grantees.
III. 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,
VerDate Sep<11>2014
16:13 Jan 08, 2019
Jkt 247001
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: January 4, 2019.
Benjamin S. Carson, Sr.,
Secretary.
BILLING CODE 4210–67–P
[Public Notice: 10650]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘Monet:
The Late Years’’ Exhibition
Notice is hereby given of the
following determinations: I hereby
determine that the objects to be
exhibited in the exhibition ‘‘Monet: The
Late Years,’’ imported from abroad for
temporary exhibition within the United
States, are of cultural significance. The
objects are imported pursuant to loan
agreements with the foreign owners or
custodians. I also determine that the
exhibition or display of the exhibit
objects at the Fine Arts Museums of San
Francisco, de Young Museum, San
Francisco, California, from on or about
February 16, 2019, until on or about
May 27, 2019, the Kimbell Art Museum,
Fort Worth, Texas, from on or about
June 16, 2019, until on or about
September 15, 2019, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State,
L/PD, SA–5, Suite 5H03, Washington,
DC 20522–0505.
SUPPLEMENTARY INFORMATION: The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), E.O. 12047 of
March 27, 1978, the Foreign Affairs
Reform and Restructuring Act of 1998
Frm 00002
Fmt 4703
Sfmt 4703
[FR Doc. 2019–00001 Filed 1–8–19; 8:45 am]
BILLING CODE 4710–05–P
[Public Notice: 10649]
Notice of Determinations; Culturally
Significant Objects Imported for
Exhibition—Determinations: ‘‘The Tale
of Genji: A Japanese Classic
Illuminated’’ Exhibition
DEPARTMENT OF STATE
PO 00000
Jennifer Z. Galt,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
DEPARTMENT OF STATE
[FR Doc. 2019–00050 Filed 1–8–19; 8:45 am]
SUMMARY:
(112 Stat. 2681, et seq.; 22 U.S.C. 6501
note, et seq.), Delegation of Authority
No. 234 of October 1, 1999, Delegation
of Authority No. 236–3 of August 28,
2000, and Delegation of Authority No.
236–23 of December 21, 2018.
Notice is hereby given of the
following determinations: I hereby
determine that the objects to be
exhibited in the exhibition ‘‘The Tale of
Genji: A Japanese Classic Illuminated,’’
imported from abroad for temporary
exhibition within the United States, are
of cultural significance. The objects are
imported pursuant to loan agreements
with the foreign owners or custodians.
I also determine that the exhibition or
display of the exhibit objects at The
Metropolitan Museum of Art, New York,
New York, from on or about March 5,
2019, until on or about June 16, 2019,
and at possible additional exhibitions or
venues yet to be determined, is in the
national interest. I have ordered that
Public Notice of these determinations be
published in the Federal Register.
SUMMARY:
Julie
Simpson, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6471; email:
section2459@state.gov). The mailing
address is U.S. Department of State,
L/PD, SA–5, Suite 5H03, Washington,
DC 20522–0505.
FOR FURTHER INFORMATION CONTACT:
The
foregoing determinations were made
pursuant to the authority vested in me
by the Act of October 19, 1965 (79 Stat.
985; 22 U.S.C. 2459), Executive Order
12047 of March 27, 1978, the Foreign
Affairs Reform and Restructuring Act of
1998 (112 Stat. 2681, et seq.; 22 U.S.C.
6501 note, et seq.), Delegation of
Authority No. 234 of October 1, 1999,
Delegation of Authority No. 236–3 of
August 28, 2000, and Delegation of
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 84, Number 6 (Wednesday, January 9, 2019)]
[Notices]
[Pages 97-98]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00050]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 84, No. 6 / Wednesday, January 9, 2019 /
Notices
[[Page 97]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6136-N-01]
Waiver and Alternative Requirement for Community Development
Block Grant--Disaster Recovery (CDBG-DR) Grantees
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice addresses Community Development Block Grant
disaster recovery (CDBG-DR) funds. Specifically, this notice waives and
establishes an alternative requirement for the timing of HUD's review
of CDBG-DR Action Plans for Disaster Recovery and Action Plan
Amendments that were pending approval as of December 21, 2018. HUD is
taking this action due to a lapse in its appropriations for FY 2019 as
of that date and the resultant inability to satisfactorily complete the
review and approval process consistent with its customary timeline.
DATES: Applicability Date: January 14, 2019.
FOR FURTHER INFORMATION CONTACT: David C. Woll, Jr., Principal Deputy
Assistant Secretary, Department of Housing and Urban Development, 451
7th Street SW, Room 7100, Washington, DC 20410, telephone number 202-
708-2690. Persons with hearing or speech disability may access this
number via TTY/VRS by calling the Federal Relay Service at 800-877-
8339. Facsimile inquiries may be sent to Mr. Woll at 202-708-0033.
(Except for the ``800'' number, these telephone numbers are not toll-
free.) Email inquiries may be sent to disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
I. Waiver and Alternative Requirement for HUD Review of Action Plans
for Disaster Recovery and Action Plan Amendments Related to Funding
Appropriated by Public Laws 115-123 and 115-56
Public Law 115-123 \1\ appropriated $28 billion of Community
Development Block Grant disaster recovery (CDBG-DR) funding for two
purposes: (1) To address unmet needs arising from certain major
declared disasters that occurred in 2017; and (2) To fund mitigation
activities for all CDBG-DR grantees that received CDBG-DR funding in
response to unmet needs arising from major disasters declared in 2015,
2016, and 2017. These funds were in addition to $7.4 billion
appropriated by Public Law 115-56 \2\ for unmet needs arising from
major declared disasters in 2017. HUD allocated virtually all funding
for unmet needs \3\ and established administrative requirements via two
Federal Register Notices published on February 9, 2018 (83 FR 5844-
5869) and August 14, 2018 (83 FR 40314-40325).
---------------------------------------------------------------------------
\1\ See Title XI, Subdivision I, Division B of Public Law 115-
123, the Bipartisan Budget Act of 2018.
\2\ See Division B of Public Law 115-56, Continuing
Appropriations Act, 2018 and Supplemental Appropriations for
Disaster Relief Requirements, 2017.
\3\ While HUD has informally indicated how it will allocate $2
billion in CDBG-DR unmet need funding to enhance or improve
electrical power systems in jurisdictions affected by Hurricane
Maria in 2017, the formal allocation will be made via a Federal
Register Notice to be published in the future.
---------------------------------------------------------------------------
In general, the funds are to be used for activities authorized
under Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) (HCD Act) related to disaster relief, long-term
recovery, restoration of infrastructure and housing and economic
revitalization in the ``most impacted and distressed'' areas defined by
HUD. By providing the supplemental disaster recovery funding under
Title I of the HCD Act, Congress implicates the general statutory and
regulatory requirements of the Community Development Block Grant (CDBG)
program.
Both Public Law 115-123 and 115-56 include the following proviso
with respect to CDBG-DR funding:
Provided further, That prior to the obligation of funds a grantee
shall submit a plan to the Secretary for approval detailing the
proposed use of all funds, . . . :
HUD's Federal Register Notice of February 9, 2018, establishes the
requirements and criteria that inform these plans and substantial
amendments thereto (see section VI., A.2., Action Plan for Disaster
Recovery waiver and alternative requirement (83 FR 5849)). Section VI.,
A.2.(e) is entitled Review and Approval of Action Plan and states that
``HUD will review each action plan within 45 days from the date or
receipt.'' The above referenced requirements are also generally
applicable to CDBG-DR funds allocated by the August 14, 2018, Notice,
via Section II., ``Use of Funds.''
For CDBG-DR funds appropriated by Public Laws 115-123 and 115-56,
HUD currently has three Action Plan Amendments (State of Florida, the
Commonwealth of Puerto Rico and the United States Virgin Islands
(USVI)) pending review and approval involving an aggregate of $9.3
billion. In addition, there are Action Plans from the states of
California, Georgia and Missouri pending review and approval for an
aggregate of $221 million.
Public Laws 115-123 and 115-56 also include the following proviso:
Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may waive,
or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection
with the obligation by the Secretary or the use by the recipient of
these funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), if the
Secretary finds that good cause exists for the waiver or alternative
requirement and such waiver or alternative requirement would not be
inconsistent with the overall purpose of title I of the Housing and
Community Development Act of 1974:
This proviso enables HUD to waive various statutory requirements
applicable to CDBG and to establish alternative requirements to those
provisions. In this Notice, HUD is applying this authority to extend
the period available for HUD review of pending Action Plan Amendments
and Action Plans involving CDBG-DR funding under Public Laws 115-123
and 115-56.
Due to the lapse of FY 2019 appropriations for HUD as of December
21, 2018, HUD has already issued a regulatory waiver extending the HUD
[[Page 98]]
review period for the Action Plan Amendments submitted by Florida,
Puerto Rico and the USVI from 45 days to 60 days, which is the period
set forth under the applicable statutory provision (42 U.S.C.
12705(c)(1)) for consideration of housing strategy, which is analogous
to an action plan or action plan amendment. HUD has not yet addressed
the status of the pending Action Plans for California, Georgia and
Missouri as the 45-day review period for these submissions occurs in
late January, 2019. However, HUD cannot be assured of completing the
reviews of these pending submissions and issuing affirmative approvals
as required by Public Laws 115-123 and 115-56 given the impact upon
HUD's operations during the appropriations lapse period. Therefore, the
Secretary finds that there is good cause to waive the statutory sixty
(60) day review deadline established by 42 U.S.C. 12705(c)(1) and is
issuing an alternative requirement for review of pending Action Plan
Amendments and Action Plans involving funding under Public Laws 115-123
and 115-56. HUD will review the pending Action Plan Amendments and
Action Plans and provide affected grantees with a decision within a
time period which will be announced by HUD after enactment of funding
for the Department's normal operations.
Failure to extend the review period could lead to deemed approvals
upon expiration of the customary 60-day review period, an outcome that
would be inconsistent with both HUD's oversight responsibilities and
the purposes of the CDBG-DR funding or, alternatively, disapproval.
Grantees with pending submissions are advised that the extension of
HUD's review period and resulting delays should not be considered a
commentary on the submissions but is a recognition of the current
circumstances.
II. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grants under this notice is 14.228 for State CDBG grantees.
III. 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 4, 2019.
Benjamin S. Carson, Sr.,
Secretary.
[FR Doc. 2019-00050 Filed 1-8-19; 8:45 am]
BILLING CODE 4210-67-P
