Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees; U.S. Virgin Islands Allocation, 47528-47531 [2019-19506]
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Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Center for Scientific Review; Notice of
Closed Meetings
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Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; Metabolic
Reprogramming to Improve Immunotherapy.
Date: October 7, 2019.
Time: 9:00 a.m. to 6:30 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health,
Rockledge II, 6701 Rockledge Drive,
Bethesda, MD 20892.
Contact Person: Svetlana Kotliarova, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6214,
Bethesda, MD 20892, 301–594–7945,
kotliars@mail.nih.gov.
Name of Committee: Genes, Genomes, and
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Genomics, Computational Biology and
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Date: October 9–10, 2019.
Time: 8:30 a.m. to 4:00 p.m.
Agenda: To review and evaluate grant
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Place: Ritz-Carlton Hotel at Pentagon City,
1250 South Hayes Street, Arlington, VA
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Contact Person: Baishali Maskeri, Ph.D.,
Scientific Review Officer, Center for
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Health, 6701 Rockledge Drive, Bethesda, MD
20892, 301–827–2864, maskerib@
mail.nih.gov.
Name of Committee: Center for Scientific
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Date: October 10–11, 2019.
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Scientific Review Officer, National Institutes
of Health, Center for Scientific Review, 6701
Rockledge Drive, Room 4189, Bethesda, MD
20892, (301) 827–7083, sultanaa@
mail.nih.gov.
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Name of Committee: Healthcare Delivery
and Methodologies Integrated Review Group;
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Informatics Study Section.
Date: October 10–11, 2019.
Time: 8:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
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Place: Doubletree Hotel Bethesda,
(Formerly Holiday Inn Select), 8120
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Contact Person: Xin Yuan, MD, Ph.D.,
Scientific Review Officer, Center for
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Bethesda, MD 20892, 301–827–7245,
yuanx4@csr.nih.gov.
Name of Committee: Surgical Sciences,
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Integrated Review Group; Imaging Probes and
Contrast Agents Study Section.
Date: October 10–11, 2019.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hilton Alexandria Mark Center,
5000 Seminary Road, Alexandria, VA 22311.
Contact Person: Donald Scott Wright,
Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 5108,
MSC 7854, Bethesda, MD 20892, (301) 435–
8363, wrightds@csr.nih.gov.
Name of Committee: Center for Scientific
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Date: October 11, 2019.
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Contact Person: Susan Daum, Ph.D.,
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susan.boyle-vavra@nih.gov.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; PAR NS 18–
08: Brain Initiative Biology and Biophysics of
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Date: October 11, 2019.
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Place: Residence Inn Washington, DC
Downtown, 1199 Vermont Avenue NW,
Washington, DC 20005.
Contact Person: Robert C Elliott, Ph.D.,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 3130,
MSC 7850, Bethesda, MD 20892, 301–435–
3009, elliotro@csr.nih.gov.
Name of Committee: Oncology 2—
Translational Clinical Integrated Review
Group; Mechanisms of Cancer
Therapeutics—2 Study Section.
Date: October 14–15, 2019.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
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Place: Torrance Marriott Redondo Beach
Hotel, 3635 Fashion Way, Torrance, CA
90503.
Contact Person: Careen K Tang-Toth,
Ph.D., Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 6214,
MSC 7804, Bethesda, MD 20892, (301) 435–
3504, tothct@csr.nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: September 4, 2019.
Ronald J. Livingston, Jr.,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2019–19479 Filed 9–9–19; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6109–N–03]
Allocations, Common Application,
Waivers, and Alternative Requirements
for Community Development Block
Grant Mitigation Grantees; U.S. Virgin
Islands Allocation
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice allocates
$774,188,000 of Community
Development Block Grant mitigation
(CDBG–MIT) funds to the U.S. Virgin
Islands pursuant to the requirements of
the Further Additional Supplemental
Appropriations for Disaster Relief
Requirements Act, 2018.
DATES: Applicability Date: September
16, 2019.
FOR FURTHER INFORMATION CONTACT:
Jessie Handforth Kome, Acting Director,
Office of Block Grant Assistance,
Department of Housing and Urban
Development, Room 7282, 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 disaster_recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Allocations
A. Background
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B. Use of Funds
C. Grant Process
II. Applicable Rules, Statutes, Waivers,
Alternative Requirements, and Grant
Conditions
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact
I. CDBG–MIT Allocations
I.A. Background
The Further Additional Supplemental
Appropriations for Disaster Relief
Requirements Act, 2018 (Division B,
Subdivision 1 of the Bipartisan Budget
Act of 2018, Public Law 115–123,
approved February 9, 2018) (the
‘‘Appropriations Act’’), made available
$28 billion in Community Development
Block Grant disaster recovery (CDBG–
DR) funds, and directed HUD to allocate
not less than $12 billion for mitigation
activities proportional to the amounts
that CDBG–DR grantees received for
qualifying disasters in 2015, 2016, and
2017. A Federal Register Notice
published by the Department on August
30, 2019 (84 FR 45838), allocated $6.875
billion of CDBG–MIT funds to 14 state
and local governments and described
the grant requirements and procedures,
including waivers and alternative
requirements applicable to CDBG–MIT
funds (‘‘the CDBG–MIT Notice’’).
The CDBG–MIT Notice recognizes
that CDBG–MIT funds are to be used for
distinctly different purposes than
Community Development Block Grant
disaster recovery (CDBG–DR) funds and
that the level of funding and nature of
programs and projects that are likely to
be funded require all CDBG–MIT
grantees and their subrecipients to
strengthen their program management
capacity, financial management, and
internal controls. Under the CDBG–MIT
Notice, each grantee is required to
strengthen its internal audit function,
specify the criteria for subrecipient
selection, increase subrecipient
monitoring, and establish a process for
promptly identifying and addressing
conflicts under the grantee’s conflict of
interest policy. The CDBG–MIT Notice
also states the Department’s intent to
establish special grant conditions for
individual CDBG–MIT grants based
upon the risks posed by the grantee,
including risks related to the grantee’s
capacity to carry out the specific
programs and projects proposed in its
action plan. These conditions are
designed to provide additional
assurances that mitigation activities
address grantee-specific risks, such as
the potential for waste, fraud, and
abuse, or the potential that failure to
effectively operate and maintain
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infrastructure will interfere with
anticipated risk mitigation value of
CDBG–MIT activities.
The CDBG–MIT Notice also
acknowledges on-going capacity
considerations associated with the U.S.
Virgin Islands’ implementation of
CDBG–DR funds allocated by HUD in
response to 2017 disasters. Accordingly,
to further reduce the specific potential
risks associated with these challenges,
this notice builds upon the
requirements of the CDBG–MIT Notice
and establishes additional grant
conditions to reduce risk and support
the successful implementation of this
CDBG–MIT allocation by the U.S. Virgin
Islands. These measures are designed to
augment and support HUD’s continual
technical assistance and monitoring
efforts, undertaken in partnership with
the grantee.
This notice allocates an additional
$774,188,000 in CDBG–MIT funds to the
U.S. Virgin Islands for mitigation
activities consistent with the
Appropriations Act and the CDBG–MIT
Notice. The grantee receiving an
allocation of funds under this notice is
subject to the requirements of the
CDBG–MIT Notice, including waivers
and alternative requirements, and any
additional requirements imposed by this
or future Federal Register notices.
TABLE 1—ALLOCATION FOR MITIGATION ACTIVITIES
Grantee
4335, 4340 ..........................
U.S. Virgin Islands .............
I.B. Use of Funds
The Appropriations Act requires that
prior to the obligation of CDBG–MIT
funds by the Secretary, a grantee shall
submit a plan to HUD for approval
detailing the proposed use of all funds.
The plan must include the criteria for
eligibility, and how the use of these
funds will address risks identified
through a mitigation needs assessment
of the most impacted and distressed
areas. The definition of mitigation
activities and the requirements for the
submission of an action plan are
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$774,188,000
$774,188,000
identified in section II of the CDBG–MIT
Notice.
In accordance with the
Appropriations Act, the CDBG–MIT
funds allocation is based on the
grantee’s proportional share of total
CDBG–DR funds allocated for all
eligible disasters in 2015, 2016, and
2017.
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CDBG–MIT
allocation
Disaster No.
Minimum amount
to be expended in
the HUD-identified
‘‘most impacted
and distressed’’
areas listed
herein
I.C. Grant Process
The U.S. Virgin Islands must submit
the financial certification
documentation required by section
V.A.1.a of the CDBG–MIT Notice and
the implementation plan and capacity
assessment required by section V.A.1.b.
of the CDBG–MIT Notice. All deadlines
for the submissions necessary for the
Secretary’s certification of financial
controls, procurement processes and
adequate procedures, and the
implementation plan and capacity
assessment referenced in the CDBG–
MIT Notice, are determined by the
applicability date of this notice.
The grantee must submit an action
plan per the requirements of section
V.A.2 of the CDBG–MIT Notice no later
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HUD-identified ‘‘most impacted and
distressed’’ areas
All components of the U.S. Virgin Islands.
than April 6, 2020, unless the grantee
requests, and HUD approves, an
extension of the submission deadline as
provided for in the CDBG–MIT Notice.
To begin expending CDBG–MIT
funds, the grantee must follow the grant
process outlined in the CDBG–MIT
Notice in section IV, with all timelines
for grantee submissions to commence on
the applicability date of this notice.
II. Applicable Rules, Statutes, Waivers,
Alternative Requirements, and Grant
Conditions
CDBG–MIT grants are subject to
requirements of the CDBG–MIT Notice,
which include requirements of the
Appropriations Act and waivers and
alternative requirements. The waivers
and alternative requirements provide
additional flexibility in program design
and implementation to eligible
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mitigation activities to lessen the impact
of future disasters, while also ensuring
that statutory requirements are met. The
U.S. Virgin Islands may request
additional waivers and alternative
requirements from the Department as
needed to address specific needs related
to its mitigation activities. Waivers and
alternative requirements are effective
five days after they are published in the
Federal Register. This section of the
notice establishes additional rules,
waivers and alternative requirements,
and grant conditions specific to the
allocation of CDBG–MIT funds for the
U.S. Virgin Islands.
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II.A. Waiver and Alternative
Requirement for the U.S. Virgin Islands
To Administer CDBG–MIT Funds
Pursuant to the Requirements of the
State CDBG Program
The Appropriations Act authorizes
the Secretary to waive or specify
alternative requirements for any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary, or use by the recipient, of
these funds, except for requirements
related to fair housing,
nondiscrimination, labor standards, and
the environment. HUD also has
regulatory waiver authority under 24
CFR 5.110, 91.600, and 570.5.
For each waiver and alternative
requirement, the Secretary has
determined that good cause exists, and
the waiver or alternative requirement is
not inconsistent with the overall
purpose of title I of the Housing and
Community Development Act of
1974.The provisions of 24 CFR part 570
subpart F are waived to authorize the
U.S. Virgin Islands to administer its
CDBG–MIT allocation in accordance
with the regulatory and statutory
provisions governing the State CDBG
program, as modified by rules, statutes,
waivers and alternative requirements
made applicable by Federal Register
notices. This includes the requirement
that the aggregate total for
administrative and technical assistance
expenditures by the U.S. Virgin Islands
must not exceed 5 percent of any
CDBG–MIT grant made pursuant to the
Appropriations Act, plus 5 percent of
program income generated by the grant.
II.B. Limitation on Use of CDBG–MIT
Funds for Electrical Power System
Enhancements
In addition to the appropriation of
CDBG–MIT funds, the Appropriations
Act requires HUD to allocate $2 billion
of CDBG disaster recovery (CDBG–DR
funds) to provide enhanced or improved
electrical power systems in response to
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Hurricane Maria. HUD announced the
allocation of these funds to the U.S.
Virgin Islands and the Commonwealth
of Puerto Rico and provided that the
electrical power system allocation shall
be governed by a subsequent notice. To
enhance the use of the $2 billion
allocated to enhance or improve
electrical power systems, the grantee
may wish to use CDBG–MIT funds to
lessen the risks of disaster-related
damage to electric power systems.
However, successful efforts to restore,
enhance, and improve electrical power
systems, and guard this infrastructure
against future disasters, will require
coordination across multiple sources of
Federal financial assistance provided for
this purpose.
Therefore, the grantee is prohibited
from using CDBG–MIT funds for
mitigation activities to reduce the risk of
disaster related damage to electric
power systems until after HUD
publishes the Federal Register notice
governing the use of the $2 billion for
enhanced or improved electrical power
systems. This limitation includes a
prohibition on the use of CDBG–MIT
funds for mitigation activities carried
out to meet the matching requirement,
share, or contribution for any Federallyfunded project that is providing funds
for electrical power systems until HUD
publishes the Federal Register notice
governing the use of CDBG–DR funds to
provide enhanced or improved
electrical power systems. After
publication of HUD’s electrical power
systems notice, use of CDBG–MIT funds
to mitigate risks to electric power
systems, including the provision of nonFederal cost share for any Federallyfunded activity related to electrical
power systems, shall be limited to
activities that meet the requirements for
CDBG–MIT funds and that are not
inconsistent with the requirements of
HUD’s electrical power systems notice
and any additional requirements on the
use of CDBG–MIT funds published in
that notice.
II.C. Grant Conditions
The Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
(2 CFR part 200) direct HUD to assess
risks posed by the grantee and authorize
HUD to impose special grant conditions
that correspond to the assessed degree
of risk. As described in the CDBG–MIT
Notice, HUD will establish special grant
conditions for individual CDBG–MIT
grants based upon assessed risks,
including risks related to the grantee’s
capacity to carry out the specific
programs and projects proposed in its
action plan. These conditions are
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designed to provide additional
assurances that mitigation activities
address grantee-specific risks, such as
the potential for waste, fraud, and
abuse, or the potential that failure to
effectively operate and maintain
infrastructure will interfere with
anticipated risk mitigation value of
CDBG–MIT activities. At any time, if
HUD determines that an identified risk
has been mitigated and the grantee has
met the required grant terms and
conditions, HUD can modify or remove
those terms and conditions. To address
identified risks, the Department will
establish grant conditions for the U.S.
Virgin Islands which shall include, but
not be limited to, the following
requirements:
II.C.1. Special Condition Related to
Covered Projects. As described in the
CDBG–MIT Notice, for grantees that are
considered by HUD to have
‘‘unmitigated high risks,’’ that impact
their ability to implement large scale
projects, HUD may impose special grant
conditions, including but not limited to
a lower dollar threshold for the largescale infrastructure projects that meet
the definition of a Covered Project.
Covered Projects are subject to the
additional action plan requirements
described in section V.A.2.h. of the
CDBG–MIT notice. As the U.S. Virgin
Islands has been determined by HUD to
have unmitigated high risks with regard
to its capacity, a Covered Project for the
U.S. Virgin Islands will alternatively be
defined as an infrastructure project
having a total project cost of $50 million
or more, with at least $25 million of
CDBG funds (regardless of source (e.g.,
CDBG–DR, CDBG–MIT, or CDBG)).
II.C.2. Additional implementation
plan capacity assessment requirements.
In addition to the submission
requirements established for the
implementation plan and capacity
assessment provided in section V.A.1.b.
of the CDBG–MIT Notice, the U.S.
Virgin Islands shall submit evidence
that it has secured or is in the process
of securing staff and contractors
necessary to effectively implement
CDBG–MIT funded programs and
projects. Staff and contractors must be
identified by the grantee in a Staff
Analysis Worksheet that the grantee
must include as part of its
implementation and capacity
assessment submission. In the CDBG–
MIT grant agreement, HUD will
establish a special condition related to
staffing requirements for specific
positions critical to the grantee’s
implementation of CDBG–MIT funded
programs and projects, as identified by
HUD during its review of the Staff
Analysis Worksheet submission. The
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grant terms shall require the grantee to
advertise and fill such positions within
90 days of HUD’s execution of the
CDBG–MIT grant agreement. To ensure
that the capacity risk is reduced and the
staffing requirement is met, a portion of
CDBG–MIT funds shall remain in a
restricted balance in the Disaster
Recovery and Grants Reporting (DRGR)
system until HUD receives evidence that
the identified positions have been
advertised and filled. The amount of the
restricted balance will be imposed in a
special condition after HUD reviews the
Staff Analysis Worksheet submission,
based on HUD’s determination of the
amount that will allow initial grant
operations to launch while ensuring that
the capacity risk will be addressed
before major implementing activities are
underway.
II.C.3. Citizen engagement. In
response to the limited experience of
the grantee in engaging the community
in an assessment of mitigation needs
following a major disaster, within 90
days of execution of the CDBG–MIT
grant agreement, the grantee shall have
in place public affairs staff with
community engagement expertise; and,
within 120 days of execution of the
grant agreement, shall update its citizen
participation plan to include specific
outreach actions designed to mitigate
risks arising from public pressure and a
lack of broad community input in the
identification of mitigation needs.
II.C.4. Submission of internal audit
reports and posting of reports. Section
V.A.1.a. (6)(iii) of the CDBG–MIT Notice
provides that HUD may establish a grant
condition to require grantees to submit
copies of the reports of its internal
auditor directly to HUD. Accordingly,
the U.S. Virgin Islands shall submit to
HUD and the HUD’s Office of the
Inspector General (OIG) a copy of all
reports issued by its internal auditor,
and if the internal auditor does not issue
formal reports then the grantee will
instead submit a regular summary of
findings and assessments made by the
auditor. Additionally, while all CDBG–
MIT grantees are required to post certain
information on the grantee’s website
pursuant to section V.A.3.d of the
CDBG–MIT Notice, the U.S. Virgin
Islands shall also post final audit reports
issued by HUD’s OIG on the grantee’s
website, along with any other relevant
reports that HUD requests that the
grantee posts on its website.
II.C.5. Additional requirements for
policies and procedures. The U.S.
Virgin Islands shall develop and
maintain policies and procedures and
shall describe for each program (or
project, as applicable): The eligible
activities; the required records
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management practices; procurement
requirements; subrecipient oversight;
providing technical assistance;
monitoring practices; policies for
assigning direct costs to the program or
project; and timely expenditure of
funds. The policies and procedures
shall include a plan for training all
subrecipients on all federal and state
CDBG–MIT requirements (e.g. programrelated civil rights requirements
training). The grantee shall submit the
policies and procedures to HUD within
30 days of HUD’s execution of the grant
agreement or before the grantee awards
funds to subrecipients, whichever is
later.
II.C.6. Additional requirements for
financial management.
II.C.6.a. Enhanced DRGR voucher
review. In order for HUD to monitor the
grantee’s financial management
capacity, the U.S. Virgin Islands shall
provide, via upload in DRGR, support
documentation for each voucher
drawdown request made in DRGR for its
CDBG–MIT grant. The U.S. Virgin
Islands shall continue to upload support
documentation for its voucher
drawdown requests in DRGR until
completion of HUD’s first two on-site
monitoring reviews and the grantee’s
resolution of any significant findings
that result from those reviews.
II.C.6.b. Drawdown milestones. At the
time the grantee submits a draw request
in DRGR that achieves 10, 25, and 50
percent of grant disbursement, the
Grantee must update its DRGR
administration module to include: (i) A
list of all grant-related internal audit
issues (i.e. findings or concerns) and
recommendations along with the
resolution or planned resolution of
these issues; (ii) a summary of each
open single audit recommendation for
the grantee or subrecipient, along with
the resolution or planned resolution of
the audit recommendation; (iii) a
summary of each open recommendation
by the HUD’s Office of the Inspector
General (OIG) recommendation related
to this grant, together with its resolution
or planned resolution; and (iv) a
summary of each HUD monitoring
recommendation related to this grant
together with the resolution or planned
resolution of the recommendation. At
each of the above draw request
milestones, the grantee shall also review
its management and capacity plan and
inform HUD of all updates, including an
explanation for each missed milestone,
if any.
HUD will review the information
submitted at each milestone to
determine whether the grantee
demonstrates sufficient capacity to
make timely and effective corrective
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47531
actions on identified deficiencies and
compliance issues. If HUD determines
that the grantee does not demonstrate
such sufficient capacity, HUD may take
additional corrective actions, such as
restricting access to grant funds pending
resolution of identified issues. If the
grantee fails to comply with the
conditions required at each milestone,
HUD will block access to CDBG–MIT
funds pending on-site review and
HUD’s acceptance of the grantee’s
management controls.
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 and 14.228.
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
inspection at HUD’s Funding
Opportunities web page at: https://
www.hud.gov/program_offices/spm/
gmomgmt/grantsinfo/fundingopps. 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: September 4, 2019.
Benjamin Carson, Sr.,
Secretary.
[FR Doc. 2019–19506 Filed 9–9–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000 19X]
Notice of Filing of Plats of Survey,
Colorado
AGENCY:
Bureau of Land Management,
Interior.
E:\FR\FM\10SEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Notices]
[Pages 47528-47531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19506]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6109-N-03]
Allocations, Common Application, Waivers, and Alternative
Requirements for Community Development Block Grant Mitigation Grantees;
U.S. Virgin Islands Allocation
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
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SUMMARY: This notice allocates $774,188,000 of Community Development
Block Grant mitigation (CDBG-MIT) funds to the U.S. Virgin Islands
pursuant to the requirements of the Further Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2018.
DATES: Applicability Date: September 16, 2019.
FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Acting
Director, Office of Block Grant Assistance, Department of Housing and
Urban Development, Room 7282, 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. Allocations
A. Background
[[Page 47529]]
B. Use of Funds
C. Grant Process
II. Applicable Rules, Statutes, Waivers, Alternative Requirements,
and Grant Conditions
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact
I. CDBG-MIT Allocations
I.A. Background
The Further Additional Supplemental Appropriations for Disaster
Relief Requirements Act, 2018 (Division B, Subdivision 1 of the
Bipartisan Budget Act of 2018, Public Law 115-123, approved February 9,
2018) (the ``Appropriations Act''), made available $28 billion in
Community Development Block Grant disaster recovery (CDBG-DR) funds,
and directed HUD to allocate not less than $12 billion for mitigation
activities proportional to the amounts that CDBG-DR grantees received
for qualifying disasters in 2015, 2016, and 2017. A Federal Register
Notice published by the Department on August 30, 2019 (84 FR 45838),
allocated $6.875 billion of CDBG-MIT funds to 14 state and local
governments and described the grant requirements and procedures,
including waivers and alternative requirements applicable to CDBG-MIT
funds (``the CDBG-MIT Notice'').
The CDBG-MIT Notice recognizes that CDBG-MIT funds are to be used
for distinctly different purposes than Community Development Block
Grant disaster recovery (CDBG-DR) funds and that the level of funding
and nature of programs and projects that are likely to be funded
require all CDBG-MIT grantees and their subrecipients to strengthen
their program management capacity, financial management, and internal
controls. Under the CDBG-MIT Notice, each grantee is required to
strengthen its internal audit function, specify the criteria for
subrecipient selection, increase subrecipient monitoring, and establish
a process for promptly identifying and addressing conflicts under the
grantee's conflict of interest policy. The CDBG-MIT Notice also states
the Department's intent to establish special grant conditions for
individual CDBG-MIT grants based upon the risks posed by the grantee,
including risks related to the grantee's capacity to carry out the
specific programs and projects proposed in its action plan. These
conditions are designed to provide additional assurances that
mitigation activities address grantee-specific risks, such as the
potential for waste, fraud, and abuse, or the potential that failure to
effectively operate and maintain infrastructure will interfere with
anticipated risk mitigation value of CDBG-MIT activities.
The CDBG-MIT Notice also acknowledges on-going capacity
considerations associated with the U.S. Virgin Islands' implementation
of CDBG-DR funds allocated by HUD in response to 2017 disasters.
Accordingly, to further reduce the specific potential risks associated
with these challenges, this notice builds upon the requirements of the
CDBG-MIT Notice and establishes additional grant conditions to reduce
risk and support the successful implementation of this CDBG-MIT
allocation by the U.S. Virgin Islands. These measures are designed to
augment and support HUD's continual technical assistance and monitoring
efforts, undertaken in partnership with the grantee.
This notice allocates an additional $774,188,000 in CDBG-MIT funds
to the U.S. Virgin Islands for mitigation activities consistent with
the Appropriations Act and the CDBG-MIT Notice. The grantee receiving
an allocation of funds under this notice is subject to the requirements
of the CDBG-MIT Notice, including waivers and alternative requirements,
and any additional requirements imposed by this or future Federal
Register notices.
Table 1--Allocation for Mitigation Activities
----------------------------------------------------------------------------------------------------------------
Minimum amount
to be expended in
the HUD-
CDBG-MIT identified HUD-identified
Disaster No. Grantee allocation ``most impacted ``most impacted and
and distressed'' distressed'' areas
areas listed
herein
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4335, 4340...................... U.S. Virgin Islands $774,188,000 $774,188,000 All components of
the U.S. Virgin
Islands.
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In accordance with the Appropriations Act, the CDBG-MIT funds
allocation is based on the grantee's proportional share of total CDBG-
DR funds allocated for all eligible disasters in 2015, 2016, and 2017.
I.B. Use of Funds
The Appropriations Act requires that prior to the obligation of
CDBG-MIT funds by the Secretary, a grantee shall submit a plan to HUD
for approval detailing the proposed use of all funds. The plan must
include the criteria for eligibility, and how the use of these funds
will address risks identified through a mitigation needs assessment of
the most impacted and distressed areas. The definition of mitigation
activities and the requirements for the submission of an action plan
are identified in section II of the CDBG-MIT Notice.
I.C. Grant Process
The U.S. Virgin Islands must submit the financial certification
documentation required by section V.A.1.a of the CDBG-MIT Notice and
the implementation plan and capacity assessment required by section
V.A.1.b. of the CDBG-MIT Notice. All deadlines for the submissions
necessary for the Secretary's certification of financial controls,
procurement processes and adequate procedures, and the implementation
plan and capacity assessment referenced in the CDBG-MIT Notice, are
determined by the applicability date of this notice.
The grantee must submit an action plan per the requirements of
section V.A.2 of the CDBG-MIT Notice no later than April 6, 2020,
unless the grantee requests, and HUD approves, an extension of the
submission deadline as provided for in the CDBG-MIT Notice.
To begin expending CDBG-MIT funds, the grantee must follow the
grant process outlined in the CDBG-MIT Notice in section IV, with all
timelines for grantee submissions to commence on the applicability date
of this notice.
II. Applicable Rules, Statutes, Waivers, Alternative Requirements, and
Grant Conditions
CDBG-MIT grants are subject to requirements of the CDBG-MIT Notice,
which include requirements of the Appropriations Act and waivers and
alternative requirements. The waivers and alternative requirements
provide additional flexibility in program design and implementation to
eligible
[[Page 47530]]
mitigation activities to lessen the impact of future disasters, while
also ensuring that statutory requirements are met. The U.S. Virgin
Islands may request additional waivers and alternative requirements
from the Department as needed to address specific needs related to its
mitigation activities. Waivers and alternative requirements are
effective five days after they are published in the Federal Register.
This section of the notice establishes additional rules, waivers and
alternative requirements, and grant conditions specific to the
allocation of CDBG-MIT funds for the U.S. Virgin Islands.
II.A. Waiver and Alternative Requirement for the U.S. Virgin Islands To
Administer CDBG-MIT Funds Pursuant to the Requirements of the State
CDBG Program
The Appropriations Act authorizes the Secretary to waive or specify
alternative requirements for any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary, or use by the recipient, of these funds, except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment. HUD also has regulatory waiver
authority under 24 CFR 5.110, 91.600, and 570.5.
For each waiver and alternative requirement, the Secretary has
determined that good cause exists, and the waiver or alternative
requirement is not inconsistent with the overall purpose of title I of
the Housing and Community Development Act of 1974.The provisions of 24
CFR part 570 subpart F are waived to authorize the U.S. Virgin Islands
to administer its CDBG-MIT allocation in accordance with the regulatory
and statutory provisions governing the State CDBG program, as modified
by rules, statutes, waivers and alternative requirements made
applicable by Federal Register notices. This includes the requirement
that the aggregate total for administrative and technical assistance
expenditures by the U.S. Virgin Islands must not exceed 5 percent of
any CDBG-MIT grant made pursuant to the Appropriations Act, plus 5
percent of program income generated by the grant.
II.B. Limitation on Use of CDBG-MIT Funds for Electrical Power System
Enhancements
In addition to the appropriation of CDBG-MIT funds, the
Appropriations Act requires HUD to allocate $2 billion of CDBG disaster
recovery (CDBG-DR funds) to provide enhanced or improved electrical
power systems in response to Hurricane Maria. HUD announced the
allocation of these funds to the U.S. Virgin Islands and the
Commonwealth of Puerto Rico and provided that the electrical power
system allocation shall be governed by a subsequent notice. To enhance
the use of the $2 billion allocated to enhance or improve electrical
power systems, the grantee may wish to use CDBG-MIT funds to lessen the
risks of disaster-related damage to electric power systems. However,
successful efforts to restore, enhance, and improve electrical power
systems, and guard this infrastructure against future disasters, will
require coordination across multiple sources of Federal financial
assistance provided for this purpose.
Therefore, the grantee is prohibited from using CDBG-MIT funds for
mitigation activities to reduce the risk of disaster related damage to
electric power systems until after HUD publishes the Federal Register
notice governing the use of the $2 billion for enhanced or improved
electrical power systems. This limitation includes a prohibition on the
use of CDBG-MIT funds for mitigation activities carried out to meet the
matching requirement, share, or contribution for any Federally-funded
project that is providing funds for electrical power systems until HUD
publishes the Federal Register notice governing the use of CDBG-DR
funds to provide enhanced or improved electrical power systems. After
publication of HUD's electrical power systems notice, use of CDBG-MIT
funds to mitigate risks to electric power systems, including the
provision of non-Federal cost share for any Federally-funded activity
related to electrical power systems, shall be limited to activities
that meet the requirements for CDBG-MIT funds and that are not
inconsistent with the requirements of HUD's electrical power systems
notice and any additional requirements on the use of CDBG-MIT funds
published in that notice.
II.C. Grant Conditions
The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR part 200) direct HUD to assess
risks posed by the grantee and authorize HUD to impose special grant
conditions that correspond to the assessed degree of risk. As described
in the CDBG-MIT Notice, HUD will establish special grant conditions for
individual CDBG-MIT grants based upon assessed risks, including risks
related to the grantee's capacity to carry out the specific programs
and projects proposed in its action plan. These conditions are designed
to provide additional assurances that mitigation activities address
grantee-specific risks, such as the potential for waste, fraud, and
abuse, or the potential that failure to effectively operate and
maintain infrastructure will interfere with anticipated risk mitigation
value of CDBG-MIT activities. At any time, if HUD determines that an
identified risk has been mitigated and the grantee has met the required
grant terms and conditions, HUD can modify or remove those terms and
conditions. To address identified risks, the Department will establish
grant conditions for the U.S. Virgin Islands which shall include, but
not be limited to, the following requirements:
II.C.1. Special Condition Related to Covered Projects. As described
in the CDBG-MIT Notice, for grantees that are considered by HUD to have
``unmitigated high risks,'' that impact their ability to implement
large scale projects, HUD may impose special grant conditions,
including but not limited to a lower dollar threshold for the large-
scale infrastructure projects that meet the definition of a Covered
Project. Covered Projects are subject to the additional action plan
requirements described in section V.A.2.h. of the CDBG-MIT notice. As
the U.S. Virgin Islands has been determined by HUD to have unmitigated
high risks with regard to its capacity, a Covered Project for the U.S.
Virgin Islands will alternatively be defined as an infrastructure
project having a total project cost of $50 million or more, with at
least $25 million of CDBG funds (regardless of source (e.g., CDBG-DR,
CDBG-MIT, or CDBG)).
II.C.2. Additional implementation plan capacity assessment
requirements. In addition to the submission requirements established
for the implementation plan and capacity assessment provided in section
V.A.1.b. of the CDBG-MIT Notice, the U.S. Virgin Islands shall submit
evidence that it has secured or is in the process of securing staff and
contractors necessary to effectively implement CDBG-MIT funded programs
and projects. Staff and contractors must be identified by the grantee
in a Staff Analysis Worksheet that the grantee must include as part of
its implementation and capacity assessment submission. In the CDBG-MIT
grant agreement, HUD will establish a special condition related to
staffing requirements for specific positions critical to the grantee's
implementation of CDBG-MIT funded programs and projects, as identified
by HUD during its review of the Staff Analysis Worksheet submission.
The
[[Page 47531]]
grant terms shall require the grantee to advertise and fill such
positions within 90 days of HUD's execution of the CDBG-MIT grant
agreement. To ensure that the capacity risk is reduced and the staffing
requirement is met, a portion of CDBG-MIT funds shall remain in a
restricted balance in the Disaster Recovery and Grants Reporting (DRGR)
system until HUD receives evidence that the identified positions have
been advertised and filled. The amount of the restricted balance will
be imposed in a special condition after HUD reviews the Staff Analysis
Worksheet submission, based on HUD's determination of the amount that
will allow initial grant operations to launch while ensuring that the
capacity risk will be addressed before major implementing activities
are underway.
II.C.3. Citizen engagement. In response to the limited experience
of the grantee in engaging the community in an assessment of mitigation
needs following a major disaster, within 90 days of execution of the
CDBG-MIT grant agreement, the grantee shall have in place public
affairs staff with community engagement expertise; and, within 120 days
of execution of the grant agreement, shall update its citizen
participation plan to include specific outreach actions designed to
mitigate risks arising from public pressure and a lack of broad
community input in the identification of mitigation needs.
II.C.4. Submission of internal audit reports and posting of
reports. Section V.A.1.a. (6)(iii) of the CDBG-MIT Notice provides that
HUD may establish a grant condition to require grantees to submit
copies of the reports of its internal auditor directly to HUD.
Accordingly, the U.S. Virgin Islands shall submit to HUD and the HUD's
Office of the Inspector General (OIG) a copy of all reports issued by
its internal auditor, and if the internal auditor does not issue formal
reports then the grantee will instead submit a regular summary of
findings and assessments made by the auditor. Additionally, while all
CDBG-MIT grantees are required to post certain information on the
grantee's website pursuant to section V.A.3.d of the CDBG-MIT Notice,
the U.S. Virgin Islands shall also post final audit reports issued by
HUD's OIG on the grantee's website, along with any other relevant
reports that HUD requests that the grantee posts on its website.
II.C.5. Additional requirements for policies and procedures. The
U.S. Virgin Islands shall develop and maintain policies and procedures
and shall describe for each program (or project, as applicable): The
eligible activities; the required records management practices;
procurement requirements; subrecipient oversight; providing technical
assistance; monitoring practices; policies for assigning direct costs
to the program or project; and timely expenditure of funds. The
policies and procedures shall include a plan for training all
subrecipients on all federal and state CDBG-MIT requirements (e.g.
program-related civil rights requirements training). The grantee shall
submit the policies and procedures to HUD within 30 days of HUD's
execution of the grant agreement or before the grantee awards funds to
subrecipients, whichever is later.
II.C.6. Additional requirements for financial management.
II.C.6.a. Enhanced DRGR voucher review. In order for HUD to monitor
the grantee's financial management capacity, the U.S. Virgin Islands
shall provide, via upload in DRGR, support documentation for each
voucher drawdown request made in DRGR for its CDBG-MIT grant. The U.S.
Virgin Islands shall continue to upload support documentation for its
voucher drawdown requests in DRGR until completion of HUD's first two
on-site monitoring reviews and the grantee's resolution of any
significant findings that result from those reviews.
II.C.6.b. Drawdown milestones. At the time the grantee submits a
draw request in DRGR that achieves 10, 25, and 50 percent of grant
disbursement, the Grantee must update its DRGR administration module to
include: (i) A list of all grant-related internal audit issues (i.e.
findings or concerns) and recommendations along with the resolution or
planned resolution of these issues; (ii) a summary of each open single
audit recommendation for the grantee or subrecipient, along with the
resolution or planned resolution of the audit recommendation; (iii) a
summary of each open recommendation by the HUD's Office of the
Inspector General (OIG) recommendation related to this grant, together
with its resolution or planned resolution; and (iv) a summary of each
HUD monitoring recommendation related to this grant together with the
resolution or planned resolution of the recommendation. At each of the
above draw request milestones, the grantee shall also review its
management and capacity plan and inform HUD of all updates, including
an explanation for each missed milestone, if any.
HUD will review the information submitted at each milestone to
determine whether the grantee demonstrates sufficient capacity to make
timely and effective corrective actions on identified deficiencies and
compliance issues. If HUD determines that the grantee does not
demonstrate such sufficient capacity, HUD may take additional
corrective actions, such as restricting access to grant funds pending
resolution of identified issues. If the grantee fails to comply with
the conditions required at each milestone, HUD will block access to
CDBG-MIT funds pending on-site review and HUD's acceptance of the
grantee's management controls.
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 and 14.228.
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 inspection at HUD's Funding Opportunities web page at:
https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps.
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: September 4, 2019.
Benjamin Carson, Sr.,
Secretary.
[FR Doc. 2019-19506 Filed 9-9-19; 8:45 am]
BILLING CODE 4210-67-P
