Request for Information for HUD's Community Development Block Grant Disaster Recovery (CDBG-DR) Rules, Waivers, and Alternative Requirements, 77864-77868 [2022-27547]
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
government leaders often petition HUD
for direct allocations while state leaders
argue there is greater efficiency,
management capacity, and more
program consistency when it is a single
allocation to the state.
Question 23. Are there revisions to
HUD’s allocation methodology that
should be considered to capture tribal
recovery needs more effectively? Please
see the RFI requesting information on
the CDBG–DR program published
elsewhere in today’s Federal Register.
Component 10. Specific Questions.
Minimum Amount To Be Spent in Most
Impacted Areas
Question 24. Currently at least, 80
percent of CDBG–DR funds must be
spent to benefit the most impacted and
distressed area designated by HUD, and
up to 20 percent may be spent in area
designed by the grantee as most
impacted and distressed areas; is this
the right amount?
Discussion. The 80 percent standard
was based on analysis of how funds
were allocated for allocations to 2011
disasters prior to Hurricane Sandy
funding. The standard has not changed
since that time. Note that 100 percent of
CDBG–DR grants must be expended in
a most impacted and distressed area,
with a minimum of 80 percent in HUD
defined most impacted areas and up to
20 percent in areas identified by
grantees. Please see the RFI requesting
information on the CDBG–DR program
published elsewhere in today’s Federal
Register that solicits public comment on
this topic.
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Component 11. Specific Questions. Data
Provided to CDBG–DR Grantees for
Developing Action Plans
Question 25. In addition to the raw
data provided by FEMA to HUD for the
formula calculation, should HUD
provide to CDBG–DR grantees and the
public a set of pre-scripted tables and
maps to assist with development of
Action Plans? What other information
would be helpful for developing Action
Plans?
Discussion. A significant amount of
analysis goes into developing the
formula allocations. HUD could prepare
some basic tables and maps to inform
the public and grantees on who was
impacted, where they were impacted,
and what the nature of the damage is.
Associated with Housing Activities in HUD’s
Community Development Block Grant for Disaster
Recovery Program.’’ HUD User. April 2019. https://
www.huduser.gov/portal/publications/
HousingRecovery-CDBG-DR.html.
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V. Response Guidance
For comments submitted by mail
responses should not exceed 50 pages.
Please provide the following
information at the start of your response
to this RFI: Company/institution name
(if applicable); contact information,
including address, phone number, and
email address. Do not submit
Confidential Business Information (CBI)
in your response to this RFI. Responses
identified as containing CBI will not be
reviewed and will be discarded.
Please identify each answer by
responding to a specific question or
topic if applicable. You may answer as
many or as few questions as you wish.
To help you prepare your comments,
please see the How Do I Prepare
Effective Comments segment of the
Commenting on HUD Rules web page,
https://www.hud.gov/program_offices/
general_counsel/Commenting-On-HUDRules#1. While that web page is written
for commenting on regulatory proposals,
these tips are generally applicable to
this RFI.
Solomon J. Greene,
Principal Deputy Assistant Secretary for
Policy Development and Research.
[FR Doc. 2022–27548 Filed 12–19–22; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6336–N–01]
Request for Information for HUD’s
Community Development Block Grant
Disaster Recovery (CDBG–DR) Rules,
Waivers, and Alternative Requirements
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Housing and Urban Development (HUD)
seeks public input to strengthen and
improve requirements for entities
receiving and implementing Community
Development Block Grant Disaster
Recovery (CDBG–DR) funding. This
Request for Information (RFI) is to
solicit feedback to inform how the
Department can modify, expand,
streamline, or remove CDBG–DR rules
and requirements with the goals of
expediting long-term resilient recovery,
reducing, or eliminating barriers for
impacted beneficiaries, ensuring
equitable community recovery, and
simplifying compliance for CDBG–DR
grantees within its statutory authority.
Additionally, HUD seeks information
and recommendations to reduce the
SUMMARY:
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administrative burden for those
receiving and implementing CDBG–DR
funding after a disaster to accelerate the
availability of assistance to disaster
survivors and affected communities.
DATES: Comments are requested on or
before February 21, 2023. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: Interested persons are
invited to submit comments responsive
to this Request for Information (RFI). All
submissions must refer to the docket
number and title of the RFI. Comments
may include written data, views, or
arguments. Each individual or
organization is encouraged to submit
only one response and to limit its
submission to 10 pages in 12-point or
larger font, with a page number
provided on each page. Commenters are
encouraged to identify the number of
the specific question or questions to
which they are responding. Responses
should include the name of the
person(s) or organization(s) filing the
comment but should not include any
personally identifiable information.
There are two methods for submitting
public comments.
1. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov.
2. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW, Room 10276,
Washington, DC 20410–0500.
HUD strongly encourages commenters
to submit their feedback and
recommendations electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a response, ensures
timely receipt by HUD, and enables
HUD to make comments immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov website can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the notice.
Public Inspection of Public
Comments. All comments and
communications properly submitted to
HUD will be available for public
inspection and copying between 8 a.m.
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and 5 p.m. EST weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at (202) 708–
3055 (this is not a toll-free number).
HUD welcomes and is prepared to
receive calls from individuals who are
deaf or hard of hearing, as well as
individuals with speech or
communication disabilities. To learn
more about how to make an accessible
telephone call, please visit: https://
www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Copies of all comments submitted are
available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jessie Handforth Kome, Director, Office
of Block Grant Assistance, U.S.
Department of Housing and Urban
Development, 451 7th Street SW, Room
7282, Washington, DC 20410–0500,
telephone number (202) 708–3587.
Facsimile inquiries may be sent to Ms.
Kome at (202) 708–0033. (The telephone
and fax numbers are not toll-free
numbers). HUD welcomes and is
prepared to receive calls from
individuals who are deaf or hard of
hearing, as well as individuals with
speech or communication disabilities.
To learn more about how to make an
accessible telephone call, please visit
https://www.fcc.gov/consumers/guides/
telecommunications-relay-service-trs.
Email inquiries may be sent to
DRSIPolicyUnit@hud.gov.
SUPPLEMENTARY INFORMATION:
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I. Background and Overview of CDBG–
DR Funding
Since 1993, Congress has periodically
funded CDBG–DR grants through
emergency supplemental appropriations
acts. CDBG–DR funding is not
authorized through standing statute, but
instead was created through these
emergency appropriations acts premised
on the annual (non-disaster) CDBG
program. While the grants are largely
subject to the statutes and regulations
governing the non-disaster CDBG
programs, each appropriations act that
has made CDBG–DR funds available has
provided the Department with the
authority to waive those requirements
and establish alternative requirements,
except for requirements related to fair
housing, nondiscrimination, labor
standards, and the environment. This
broad authority enables the Secretary to
establish waivers and alternative
requirements to support resilient
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recovery from individual disasters or a
particular group of disasters.
HUD is seeking to adopt a revised
process for implementing future CDBG–
DR grants to assist potential CDBG–DR
grantees (i.e., states, local governments,
and Indian tribes (as that term is defined
in section 102(a)(17) of the Housing and
Community Development Act of 1974)
(HCDA)), recipients, and the public in
planning for the use of the funding. To
achieve this goal, HUD intends to
publish a comprehensive notice that
would standardize the CDBG–DR
allocation and implementing notice
process and inform potential CDBG–DR
grantees, recipients, and other
stakeholders about each phase of the
CDBG–DR grant process (i.e., a ‘‘CDBG–
DR Universal Notice’’). The planned
CDBG–DR Universal Notice would
address a number of aspects of the
CDBG–DR funded disaster recovery and
mitigation process including: 1)
grantees’ pre-award submissions; 2)
steps and timelines; 3) action plan
development, submittal, and
implementation; and 4) applicable
waivers and alternative requirements.
The objective of the planned CDBG–DR
Universal Notice would be to outline
comprehensive and uniform
requirements that will govern
subsequent allocations of supplemental
CDBG–DR funding to provide disaster
recovery assistance in a more
predictable, equitable, and timely way.
When Congress enacts new
supplemental appropriations of CDBG–
DR funding, HUD will incorporate the
applicable provisions of the CDBG–DR
Universal Notice, to the extent the
CDBG–DR Universal Notice is
consistent with the appropriations act,
in a separate published notice (the
‘‘Allocation Announcement Notice’’).
Each Allocation Announcement Notice
will announce the new CDBG–DR
allocations and impose the applicable
waivers and alternative requirements in
the CDBG–DR Universal Notice for the
subject CDBG–DR grants. Each
Allocation Announcement Notice will
also modify the CDBG–DR Universal
Notice as necessary to comply with any
new statutory requirements. For
example, a Public Law may allow
grantees receiving an award for a
specific disaster year to access funding
for program administrative costs prior to
the Secretary’s certification of financial
controls and procurements processes,
and adequate procedures for proper
grant management. If a new provision
like this is included in a CDBG–DR
appropriations act that is different from
prior appropriations acts, the
requirements governing the provision
would not be covered in a CDBG–DR
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Universal Notice and would need to be
addressed in an Allocation
Announcement Notice (amending the
CDBG–DR Universal Notice, if
necessary). The Department modeled
this process in the Allocation
Announcement Notices published on
February 3, 2022 (87 FR 6364) and May
24, 2022 (87 FR 31636) for grantees
receiving funds for disasters occurring
in 2020 and 2021 and included a
CDBG–DR Consolidated Notice as an
appendix.
Objectives of a CDBG–DR Universal
Notice
The focus of CDBG–DR grant funds is
to address long-term housing recovery
and other needs including
infrastructure, economic revitalization,
and mitigation activities, particularly
serving the most vulnerable
communities. In its FY2023 budget
proposal, the Administration has
articulated principles for these grants,
finding that CDBG–DR is uniquely
positioned to advance equity and
prioritize disadvantaged communities,
turning disaster-impacted
neighborhoods that have historically
faced underinvestment into resilient,
healthy, sustainable, thriving
communities. CDBG–DR’s role in longterm housing recovery prioritizes and
integrates resilient investments that
mitigate the effects of future natural
disasters, which will significantly
reduce future fiscal and social costs.
Through a Universal Notice, HUD
seeks to:
• Outline a uniform set of waivers
and alternative requirements designed
for future allocations of CDBG–DR
funds, including all timelines,
documentation, and other requirements
for pre-award grantee submissions;
• Encourage intentional and early
coordination among potential CDBG–DR
grantees, other agencies/departments at
the state or local level, and other
regional or local planning efforts to
better align disaster recovery assistance
with the goals of regional development
plans, resilience plans, and state and
local Hazard Mitigation Plans;
• Consistent with the principles of
the Administration’s Justice40 initiative,
increase opportunities for planning to
expand awareness of the availability of
disaster recovery assistance and to
advance equitable distribution of
assistance, including community
engagement efforts, and planning for
targeted assistance to residents of
disadvantaged communities (e.g., a
Promise Zone, a Neighborhood
Revitalization Strategy Area) that are
underserved, members of protected
classes under fair housing and civil
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rights laws (i.e., race, color, national
origin, religion, sex—which includes
sexual orientation and gender identify—
familial status, and disability), and other
vulnerable populations who have been
historically marginalized and can be
adversely affected by disasters that often
exacerbate existing inequities (e.g.,
racial and ethnic minorities, the elderly,
persons experiencing homelessness,
etc.); and
• Improve long-term community
resilience by fully integrating resilience
planning and hazard mitigation
activities into disaster recovery to
reduce the impacts of climate change
and future disasters, encourage naturebased recovery efforts (focusing on
healthier water and air, and effective
debris and waste management), address
environmental justice concerns
associated with disaster recovery efforts,
and address recovery needs for
accessible, resilient, and affordable
housing for low- and moderate-income
persons.
• Assist in making measurable
progress to reduce fiscal exposure to
climate change and its effects for the
Federal government, states, and local
governments. This effort is consistent
with the High-Risk Report in 2019, in
which the General Accountability Office
(GAO) noted that ‘‘numerous studies
have concluded that climate change
poses risks to many environmental and
economic systems and creates a
significant fiscal risk to the federal
government.’’ More broadly, the notice
will be designed to support the policy
of the Administration to combat the
climate crisis by implementing a
government-wide approach that:
reduces climate pollution in every
sector of the economy; increases
resilience to the impacts of climate
change; protects public health;
conserves lands, waters, and
biodiversity; delivers environmental
justice; and spurs well-paying union
jobs and economic growth, especially
through innovation, commercialization,
and deployment of clean energy
technologies and infrastructure.
II. Purpose of This Request for
Information
The purpose of this RFI is to solicit
feedback to inform how the Department
can strengthen CDBG–DR requirements
and to accelerate the availability of
assistance to disaster survivors,
consistent with the principles of the
Administration as outlined in its
FY2023 budget proposal in support of
CDBG–DR authorization. HUD seeks
information and recommendations to
expedite long-term recovery, reduce or
eliminate barriers, ensure equitable
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outcomes, and simplify compliance for
CDBG–DR grantees within its statutory
authority.
To expedite long-term recovery,
Congress has historically authorized
HUD to modify certain requirements by
establishing waivers and alternative
requirements, except for requirements
related to fair housing,
nondiscrimination, labor, and the
environment. However, HUD may not
waive or establish an alternative
requirement on any provision
established by an appropriations act.
Therefore, HUD is most interested in
proposed changes that are within its
statutory authority provided by Public
Law 117–43, the appropriations act that
funded CDBG–DR assistance for 2020
and 2021 disasters. Comments that seek
to identify statutory limitations that
delay or hinder recovery are also
welcome and HUD may submit these
comments to Congress for consideration.
HUD encourages participation from
disaster survivors, Federal, state, local,
and Tribal governments,
nongovernmental organizations, the
private sector including small
businesses, and other stakeholders (e.g.,
emergency managers; renters;
homeowners; multifamily-housing
owners; public-housing agencies;
academic researchers; urban planners;
engineers; fair housing professionals;
disaster recovery professionals; and
organizations that advocate for
affordable housing, members of
protected classes, vulnerable
populations, and underserved
communities).
III. Specific Information Requested
While HUD welcomes comments on
all issues associated with streamlining
and accelerating the implementation of
CDBG–DR funds, HUD is particularly
interested in receiving information,
data, analyses, and recommendations on
the topics outlined below, which focus
on changes that are generally within
HUD’s statutory authority. The
appropriations acts typically authorize
the Secretary to waive or specify
alternative requirements for any
provision of any statute or regulation
that the Secretary administers of CDBG–
DR funds, except for requirements
related to fair housing,
nondiscrimination, labor standards, and
the environment. The list of questions
below is a non-exhaustive list and is
intended to assist commenters in
formulating their responses. This list is
not intended to limit the issues or topics
that commenters may address. HUD has
organized this list into a series of
questions to solicit targeted feedback
regarding specific topics.
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1. Reducing Administrative Burden and
Accelerating Recovery.
a. Are there CDBG–DR rules, 1
waivers, or alternative requirements that
are unnecessarily complicated? Please
provide recommendations for how such
rules and requirements should be
revised.
b. Are there CDBG–DR rules, waivers,
or alternative requirements that could
be streamlined or removed to enable
grantees to accelerate recovery? Please
provide recommendations for
alternative processes that would remove
barriers, obstacles, and delays.
c. Are there CDBG–DR rules, waivers,
or alternative requirements that can be
modified, expanded, or removed to
reduce administrative burden for
beneficiaries?
d. Are there CDBG–DR rules, waivers,
or alternative requirements that could
be streamlined or removed to accelerate
recovery for grantees receiving smaller
awards, or grantees that are funding
primarily small and rural communities?
For example, in a Federal Register
notice published on May 24, 2022, HUD
identified any grant under $20,000,000
as a smaller grant award. Going forward,
is $20,000,000 an appropriate
threshold?
e. Should there be a minimum
allocation threshold for CDBG–DR grant
awards? If so, what should the
minimum allocation threshold be or be
based on?
f. Recent appropriations allow
grantees to access funding for program
administrative costs prior to the
Secretary’s certification of financial
controls and procurement processes and
adequate procedures for proper grant
management. Grantees have used these
administrative funds primarily for the
development of the action plan (e.g.,
procuring contractors, increasing
capacity, facilitating public
participation, etc.). Aside from creating
the action plan for program
administrative costs, are there other
approaches that HUD should consider to
promote proactive coordination with
other disaster response agencies before
a CDBG–DR grant is executed?
g. Are there any activities that are
currently ineligible in CDBG and are
either not funded by other disaster
recovery agencies or not fully funded,
but that are so critical to meeting
recovery-related needs that it may be
important to permit them through an
1 While CDBG–DR funds do not have disasterspecific regulations, in past Federal Register
notices, HUD has imposed applicable State and
Entitlement CDBG regulations at 24 CFR part 570
on the use of CDBG–DR funds and issued any
necessary waivers and alternative requirements of
these regulations.
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alternative requirement to advance a
more resilient and equitable recovery?
h. Are there CDBG–DR rules, waivers,
or alternative requirements that should
be revised to better align with federal
disaster relief programs implemented by
the Federal Emergency Management
Agency (FEMA), the U.S. Small
Business Administration, the U.S. Army
Corps of Engineers, or other Federal
agencies? Are there CDBG–DR rules,
waivers, or alternative requirements that
should be adopted by other Federal
disaster recovery agencies?
i. The Robert T. Stafford Disaster
Relief and Emergency Assistance Act
(42 U.S.C. 5121–5207) (Stafford Act)
and CDBG–DR appropriations acts
require HUD and its grantees to
coordinate with other Federal agencies
that provide disaster assistance to
prevent the duplication of benefits
(DOB). How can HUD and other Federal
agencies that provide disaster assistance
make it easier to comply with DOB
requirements?
j. What data should grantees report to
HUD to improve public transparency
and to better allow evaluation of the use
of CDBG–DR funds consistent with the
principles of the Administration’s
Justice40 initiative to increase federal
support for disadvantaged communities
(e.g., requiring grantees to report to HUD
on the race and ethnicity of those who
apply for assistance but are not
ultimately served)? How might the
administrative burden of reporting be
reduced?
k. What types of technical assistance
should HUD offer grantees to support a
timely, equitable, resilient, and
successful recovery? Are there phases of
CDBG–DR grants (e.g., initial
administrative work, action plan
development, program implementation,
etc.) where providing more intensive
technical assistance would be more
effective? What types of technical
assistance should States offer local
government subrecipients to support a
timely, equitable, resilient, and
successful recovery?
l. What types of technical assistance
or other measures should HUD offer to
better assist grantees in preventing and
identifying potential contractor fraud
and to strengthen the ability of grantees
to assist beneficiaries when they are
subject to contractor fraud?
m. What mitigation techniques or
requirements could HUD employ to
enhance grantee capacity to
comprehensively assess the likelihood
of potential fraud risk and to otherwise
detect and prevent fraud in grantee
programs?
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2. Establishing Priorities
a. Should CDBG–DR rules, waivers, or
alternative requirements be written to 1)
encourage or require grantees to first
address disaster recovery housing needs
prior to other recovery needs (e.g.,
infrastructure), or 2) encourage or
require grantees to invest in whole
community recovery in proportion to its
unmet recovery need (e.g., housing,
infrastructure, economic revitalization,
and mitigation)?
b. If CDBG–DR should encourage
grantees to invest in whole community
recovery, what policy incentives would
be most effective to encourage grantees
to invest in whole community recovery
in proportion to its unmet recovery
need?
c. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified or eliminated so that
grantees are prioritizing assistance to
low- and moderate-income persons and
areas, vulnerable populations, and
underserved communities?
d. How can HUD assist grantees in
using data-driven information to better
align their proposed recovery programs
and activities with unmet recovery
needs? (HUD is also seeking public
comment on how it defines and
determines unmet recovery needs in a
separate request for information. Please
see the RFI requesting information on
the CDBG–DR allocation formula
published elsewhere in today’s Federal
Register.)
e. How can CDBG–DR rules, waivers,
or alternative requirements be modified
or eliminated to encourage greater levels
of investment in infrastructure projects
that provide the greatest benefit to
impacted low- and moderate-income
areas?
f. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified or eliminated so that
grantees carry out activities to support
economic revitalization for underserved
and economically distressed
communities?
g. How can CDBG–DR rules, waivers,
or alternative requirements be modified
or eliminated to better address the
unmet recovery and mitigation needs of
affordable rental housing, public
housing, and housing for vulnerable
populations?
h. How can CDBG–DR rules, waivers,
or alternative requirements be modified
or eliminated to allow grantees to
leverage private capital (e.g., bridge
loans) to start the long-term recovery
process immediately after a disaster?
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3. Understanding the Requirements for
Most Impacted & Distressed (MID) Areas
Currently, CDBG–DR appropriations
acts require all funds to be used in a
most impacted and distressed (MID)
area resulting from a major disaster.
Current rules attempt to balance
requirements in the appropriations acts
to make allocations to HUD-identified
MID areas while also providing grantees
with flexibility to capture additional
areas that the grantee can determine is
also a MID area, using data or
information that is not available to
HUD.
a. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified or eliminated to clarify the
differences between the HUD-identified
MID area and the grantee-identified MID
area?
b. Are there specific parameters, data,
or other criteria that should be
established by HUD for a disasterimpacted community to qualify as a
grantee-identified MID Area? Please
provide recommendations for specific
parameters, criteria, or limitations that
should be established.
c. Should HUD continue to allow for
the use of CDBG–DR funds to benefit
grantee-identified MID areas? How, if at
all, should HUD adjust the requirements
for the balance of assistance between
HUD-identified and grantee-identified
MID areas?
4. Developing the Action Plan
a. What CDBG–DR rules, waivers, or
alternative requirements relating to the
action plan, if any, should be modified
or eliminated to capture unmet disaster
recovery needs or mitigation needs more
accurately?
b. HUD currently requires grantees to
post an action plan for 30 days to solicit
public comment and to host at least one
public hearing—is this enough time to
solicit meaningful public feedback?
Should HUD consider increasing this
time or the number of public hearings
required for initial action plans and/or
for later, substantial amendments to the
action plan to achieve meaningful
community engagement?
c. What enhancements should HUD
consider to improve a grantee’s
experience with the HUD’s Disaster
Recovery Grant Reporting (DRGR)
system and data reported by grantees, in
particular the Public Action Plan
module?
5. Advancing Equity
a. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified or eliminated to ensure
grantees equitably allocate resources
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and adequately address disaster-related
needs of the most impacted, vulnerable,
and underserved communities?
b. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified or eliminated to ensure that
grantees advance equity in the timing of
who is able to receive assistance and the
amount of assistance available and
received? For example, by prioritizing
programs to assist homeowners over
those that assist renters, a grantee may
not have enough funding to meet the
unmet needs of renters, including those
less able to prepare for, respond to, and
recover from the impacts of disasters.
c. What CDBG–DR rules, waivers, or
alternative requirements, if any, should
be modified to further prevent an
‘‘unjustified discriminatory effect’’ (i.e.,
interests can be served by another
practice with a less discriminatory
effect) based on race or other protected
class in the implementation of CDBG–
DR funding to address disaster-related
unmet needs (recognizing that HUD has
no authority to waive or specify
alternative requirements for statutes and
regulations related to fair housing,
nondiscrimination, labor, or the
environment)?
d. What barriers impede grantees’
ability to allocate resources equitably?
What barriers do protected class groups,
vulnerable populations, and other
underserved communities face in
accessing, applying for, and receiving
CDBG–DR assistance in a timely
manner?
e. What additional guidance, data, or
support can HUD provide to help
grantees comply with fair housing and
civil rights requirements and allocate
resources equitably across housing
types?
f. What challenges do grantees face in
complying with their obligation to
ensure meaningful access for
individuals with limited English
proficiency or effective communication
for individuals with disabilities? What
tools or resources could HUD provide to
facilitate compliance with these
obligations?
g. Congress has recently identified
Indian tribes as eligible CDBG–DR
grantees but there are currently no
Indian tribes in HUD’s CDBG–DR
portfolio. Are there revisions to HUD’s
CDBG–DR policies that should be
considered to capture tribal recovery
needs more effectively? (Please also see
the request for information from the
public on the need for any revisions to
HUD’s allocation formula to better
capture tribal recovery needs published
elsewhere in today’s Federal Register.)
h. What barriers impede grantees’
ability to design and utilize buyout
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
programs, including incentives, to best
serve protected class groups, vulnerable
populations, and other underserved
communities? What CDBG–DR rules
and requirements, if any, should be
modified or eliminated to ensure that
grantees advance equity in their
community-driven relocation activities?
6. Incorporating Mitigation and
Resilience Planning
a. Are there CDBG–DR rules, waivers,
or alternative requirements, and/or
policies that prevent or limit grantees’
focus on mitigating the impacts of
climate change, particularly for those
areas disproportionately impacted by
climate change? If so, please describe.
b. How can CDBG–DR’s rules,
waivers, or alternative requirements or
policies be modified or eliminated to
encourage grantees to use CDBG–DR
funds to invest in activities that
incorporate resilience and mitigate the
impacts of climate change?
c. What more can HUD do to
encourage grantees to integrate longterm disaster recovery and mitigation
planning into other existing federal,
state, and local planning requirements?
7. Replacing Disaster-damaged Housing
Units, Minimizing Displacement, and
Incentivizing Affordable Housing
Development
Should CDBG–DR notices continue to
waive and provide alternative
requirements for the one-for-one
replacement housing requirements at
section 104(d)(2)(A)(i) and (ii) and (d)(3)
(42 U.S.C. 5304(d)(2)(A)(i) and (i) and
(d)(3)) of the HCDA and 24 CFR 42.375
for disaster-damaged owner-occupied
lower-income dwelling units that meet
the grantee’s definition of ‘‘not suitable
for rehabilitation?’’ To expedite
recovery, HUD waives this requirement
for disaster-damaged owner-occupied
units that meet the grantee’s definition
for ‘‘not suitable for rehabilitation.’’
CDBG–DR grantees have the discretion
to define ‘‘not suitable for
rehabilitation,’’ but must include their
definition in their action plan for
disaster recovery.
a. How can CDBG–DR rules, waivers,
or alternative requirements be modified
or eliminated to ensure that grantees are
mitigating natural hazard risks (e.g., sea
level rise, high winds, storm surge,
flooding, volcanic eruption, and
wildfire risk), while also minimizing
displacement of members of families,
individuals, or entities such as
businesses, farms, or nonprofit
organizations from their homes and
neighborhoods?
b. What additional relocation,
acquisition, and replacement housing
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
waivers and alternative requirements
should HUD consider that would assist
and expedite community efforts to
reduce future risk while minimizing
displacement and ensuring fair
treatment and protections to those
whose property is acquired or who must
move due to a CDBG–DR funded
activity? For example, recent CDBG–DR
notices waive (and provide alternative
requirements to) several provisions of
the Uniform Relocation Assistance and
Real Property Acquisition Policies Act
of 1970, as amended (42 U.S.C. 4601 et
seq.) (URA), section 104(d) of the
HCDA, and related CDBG programmatic
requirements.
8. Modifying Green and Resilient
Building Codes and Standards.
a. Should the Department impose
construction standards that require the
use of CDBG–DR funds to adhere to
current editions of the International
Building Code (IBC), International
Existing Building Code (IEBC),
International Residential Code (IRC),
International Wildland-Urban Interface
Code (IWUIC), International Plumbing
Code (IPC), International Mechanical
Code (IMC), International Fuel Gas Code
(IFGC), International Fire Code (IFC),
ICC 500–14, ICC/NSSA Standard on the
Design and Construction of Storm
Shelters, and ICC 600–14 Standard for
Residential Construction in High-wind
Regions?
b. Should HUD better align its
building code requirements for CDBG–
DR and CDBG–MIT with those required
by FEMA or other Federal agencies? If
so, how?
Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. 2022–27547 Filed 12–19–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2022–N069;
FXES11130200000–234–FF02ENEH00]
Endangered Wildlife; Recovery Permit
Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:
We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for a permit to conduct activities
intended to recover and enhance
SUMMARY:
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77864-77868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27547]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6336-N-01]
Request for Information for HUD's Community Development Block
Grant Disaster Recovery (CDBG-DR) Rules, Waivers, and Alternative
Requirements
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Housing and Urban Development (HUD)
seeks public input to strengthen and improve requirements for entities
receiving and implementing Community Development Block Grant Disaster
Recovery (CDBG-DR) funding. This Request for Information (RFI) is to
solicit feedback to inform how the Department can modify, expand,
streamline, or remove CDBG-DR rules and requirements with the goals of
expediting long-term resilient recovery, reducing, or eliminating
barriers for impacted beneficiaries, ensuring equitable community
recovery, and simplifying compliance for CDBG-DR grantees within its
statutory authority. Additionally, HUD seeks information and
recommendations to reduce the administrative burden for those receiving
and implementing CDBG-DR funding after a disaster to accelerate the
availability of assistance to disaster survivors and affected
communities.
DATES: Comments are requested on or before February 21, 2023. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: Interested persons are invited to submit comments responsive
to this Request for Information (RFI). All submissions must refer to
the docket number and title of the RFI. Comments may include written
data, views, or arguments. Each individual or organization is
encouraged to submit only one response and to limit its submission to
10 pages in 12-point or larger font, with a page number provided on
each page. Commenters are encouraged to identify the number of the
specific question or questions to which they are responding. Responses
should include the name of the person(s) or organization(s) filing the
comment but should not include any personally identifiable information.
There are two methods for submitting public comments.
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
HUD strongly encourages commenters to submit their feedback and
recommendations electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a response,
ensures timely receipt by HUD, and enables HUD to make comments
immediately available to the public. Comments submitted electronically
through the https://www.regulations.gov website can be viewed by other
commenters and interested members of the public. Commenters should
follow the instructions provided on that site to submit comments
electronically.
Note: To receive consideration as public comments, comments
must be submitted through one of the two methods specified above.
Again, all submissions must refer to the docket number and title of
the notice.
Public Inspection of Public Comments. All comments and
communications properly submitted to HUD will be available for public
inspection and copying between 8 a.m.
[[Page 77865]]
and 5 p.m. EST weekdays at the above address. Due to security measures
at the HUD Headquarters building, an advance appointment to review the
public comments must be scheduled by calling the Regulations Division
at (202) 708-3055 (this is not a toll-free number). HUD welcomes and is
prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of all comments submitted
are available for inspection and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Director,
Office of Block Grant Assistance, U.S. Department of Housing and Urban
Development, 451 7th Street SW, Room 7282, Washington, DC 20410-0500,
telephone number (202) 708-3587. Facsimile inquiries may be sent to Ms.
Kome at (202) 708-0033. (The telephone and fax numbers are not toll-
free numbers). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech or communication disabilities. To learn more about how to
make an accessible telephone call, please visit https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Email inquiries
may be sent to [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview of CDBG-DR Funding
Since 1993, Congress has periodically funded CDBG-DR grants through
emergency supplemental appropriations acts. CDBG-DR funding is not
authorized through standing statute, but instead was created through
these emergency appropriations acts premised on the annual (non-
disaster) CDBG program. While the grants are largely subject to the
statutes and regulations governing the non-disaster CDBG programs, each
appropriations act that has made CDBG-DR funds available has provided
the Department with the authority to waive those requirements and
establish alternative requirements, except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment.
This broad authority enables the Secretary to establish waivers and
alternative requirements to support resilient recovery from individual
disasters or a particular group of disasters.
HUD is seeking to adopt a revised process for implementing future
CDBG-DR grants to assist potential CDBG-DR grantees (i.e., states,
local governments, and Indian tribes (as that term is defined in
section 102(a)(17) of the Housing and Community Development Act of
1974) (HCDA)), recipients, and the public in planning for the use of
the funding. To achieve this goal, HUD intends to publish a
comprehensive notice that would standardize the CDBG-DR allocation and
implementing notice process and inform potential CDBG-DR grantees,
recipients, and other stakeholders about each phase of the CDBG-DR
grant process (i.e., a ``CDBG-DR Universal Notice''). The planned CDBG-
DR Universal Notice would address a number of aspects of the CDBG-DR
funded disaster recovery and mitigation process including: 1) grantees'
pre-award submissions; 2) steps and timelines; 3) action plan
development, submittal, and implementation; and 4) applicable waivers
and alternative requirements. The objective of the planned CDBG-DR
Universal Notice would be to outline comprehensive and uniform
requirements that will govern subsequent allocations of supplemental
CDBG-DR funding to provide disaster recovery assistance in a more
predictable, equitable, and timely way.
When Congress enacts new supplemental appropriations of CDBG-DR
funding, HUD will incorporate the applicable provisions of the CDBG-DR
Universal Notice, to the extent the CDBG-DR Universal Notice is
consistent with the appropriations act, in a separate published notice
(the ``Allocation Announcement Notice''). Each Allocation Announcement
Notice will announce the new CDBG-DR allocations and impose the
applicable waivers and alternative requirements in the CDBG-DR
Universal Notice for the subject CDBG-DR grants. Each Allocation
Announcement Notice will also modify the CDBG-DR Universal Notice as
necessary to comply with any new statutory requirements. For example, a
Public Law may allow grantees receiving an award for a specific
disaster year to access funding for program administrative costs prior
to the Secretary's certification of financial controls and procurements
processes, and adequate procedures for proper grant management. If a
new provision like this is included in a CDBG-DR appropriations act
that is different from prior appropriations acts, the requirements
governing the provision would not be covered in a CDBG-DR Universal
Notice and would need to be addressed in an Allocation Announcement
Notice (amending the CDBG-DR Universal Notice, if necessary). The
Department modeled this process in the Allocation Announcement Notices
published on February 3, 2022 (87 FR 6364) and May 24, 2022 (87 FR
31636) for grantees receiving funds for disasters occurring in 2020 and
2021 and included a CDBG-DR Consolidated Notice as an appendix.
Objectives of a CDBG-DR Universal Notice
The focus of CDBG-DR grant funds is to address long-term housing
recovery and other needs including infrastructure, economic
revitalization, and mitigation activities, particularly serving the
most vulnerable communities. In its FY2023 budget proposal, the
Administration has articulated principles for these grants, finding
that CDBG-DR is uniquely positioned to advance equity and prioritize
disadvantaged communities, turning disaster-impacted neighborhoods that
have historically faced underinvestment into resilient, healthy,
sustainable, thriving communities. CDBG-DR's role in long-term housing
recovery prioritizes and integrates resilient investments that mitigate
the effects of future natural disasters, which will significantly
reduce future fiscal and social costs.
Through a Universal Notice, HUD seeks to:
Outline a uniform set of waivers and alternative
requirements designed for future allocations of CDBG-DR funds,
including all timelines, documentation, and other requirements for pre-
award grantee submissions;
Encourage intentional and early coordination among
potential CDBG-DR grantees, other agencies/departments at the state or
local level, and other regional or local planning efforts to better
align disaster recovery assistance with the goals of regional
development plans, resilience plans, and state and local Hazard
Mitigation Plans;
Consistent with the principles of the Administration's
Justice40 initiative, increase opportunities for planning to expand
awareness of the availability of disaster recovery assistance and to
advance equitable distribution of assistance, including community
engagement efforts, and planning for targeted assistance to residents
of disadvantaged communities (e.g., a Promise Zone, a Neighborhood
Revitalization Strategy Area) that are underserved, members of
protected classes under fair housing and civil
[[Page 77866]]
rights laws (i.e., race, color, national origin, religion, sex--which
includes sexual orientation and gender identify--familial status, and
disability), and other vulnerable populations who have been
historically marginalized and can be adversely affected by disasters
that often exacerbate existing inequities (e.g., racial and ethnic
minorities, the elderly, persons experiencing homelessness, etc.); and
Improve long-term community resilience by fully
integrating resilience planning and hazard mitigation activities into
disaster recovery to reduce the impacts of climate change and future
disasters, encourage nature-based recovery efforts (focusing on
healthier water and air, and effective debris and waste management),
address environmental justice concerns associated with disaster
recovery efforts, and address recovery needs for accessible, resilient,
and affordable housing for low- and moderate-income persons.
Assist in making measurable progress to reduce fiscal
exposure to climate change and its effects for the Federal government,
states, and local governments. This effort is consistent with the High-
Risk Report in 2019, in which the General Accountability Office (GAO)
noted that ``numerous studies have concluded that climate change poses
risks to many environmental and economic systems and creates a
significant fiscal risk to the federal government.'' More broadly, the
notice will be designed to support the policy of the Administration to
combat the climate crisis by implementing a government-wide approach
that: reduces climate pollution in every sector of the economy;
increases resilience to the impacts of climate change; protects public
health; conserves lands, waters, and biodiversity; delivers
environmental justice; and spurs well-paying union jobs and economic
growth, especially through innovation, commercialization, and
deployment of clean energy technologies and infrastructure.
II. Purpose of This Request for Information
The purpose of this RFI is to solicit feedback to inform how the
Department can strengthen CDBG-DR requirements and to accelerate the
availability of assistance to disaster survivors, consistent with the
principles of the Administration as outlined in its FY2023 budget
proposal in support of CDBG-DR authorization. HUD seeks information and
recommendations to expedite long-term recovery, reduce or eliminate
barriers, ensure equitable outcomes, and simplify compliance for CDBG-
DR grantees within its statutory authority.
To expedite long-term recovery, Congress has historically
authorized HUD to modify certain requirements by establishing waivers
and alternative requirements, except for requirements related to fair
housing, nondiscrimination, labor, and the environment. However, HUD
may not waive or establish an alternative requirement on any provision
established by an appropriations act. Therefore, HUD is most interested
in proposed changes that are within its statutory authority provided by
Public Law 117-43, the appropriations act that funded CDBG-DR
assistance for 2020 and 2021 disasters. Comments that seek to identify
statutory limitations that delay or hinder recovery are also welcome
and HUD may submit these comments to Congress for consideration.
HUD encourages participation from disaster survivors, Federal,
state, local, and Tribal governments, nongovernmental organizations,
the private sector including small businesses, and other stakeholders
(e.g., emergency managers; renters; homeowners; multifamily-housing
owners; public-housing agencies; academic researchers; urban planners;
engineers; fair housing professionals; disaster recovery professionals;
and organizations that advocate for affordable housing, members of
protected classes, vulnerable populations, and underserved
communities).
III. Specific Information Requested
While HUD welcomes comments on all issues associated with
streamlining and accelerating the implementation of CDBG-DR funds, HUD
is particularly interested in receiving information, data, analyses,
and recommendations on the topics outlined below, which focus on
changes that are generally within HUD's statutory authority. The
appropriations acts typically authorize the Secretary to waive or
specify alternative requirements for any provision of any statute or
regulation that the Secretary administers of CDBG-DR funds, except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment. The list of questions below is a non-
exhaustive list and is intended to assist commenters in formulating
their responses. This list is not intended to limit the issues or
topics that commenters may address. HUD has organized this list into a
series of questions to solicit targeted feedback regarding specific
topics.
1. Reducing Administrative Burden and Accelerating Recovery.
a. Are there CDBG-DR rules,\1\ waivers, or alternative requirements
that are unnecessarily complicated? Please provide recommendations for
how such rules and requirements should be revised.
---------------------------------------------------------------------------
\1\ While CDBG-DR funds do not have disaster-specific
regulations, in past Federal Register notices, HUD has imposed
applicable State and Entitlement CDBG regulations at 24 CFR part 570
on the use of CDBG-DR funds and issued any necessary waivers and
alternative requirements of these regulations.
---------------------------------------------------------------------------
b. Are there CDBG-DR rules, waivers, or alternative requirements
that could be streamlined or removed to enable grantees to accelerate
recovery? Please provide recommendations for alternative processes that
would remove barriers, obstacles, and delays.
c. Are there CDBG-DR rules, waivers, or alternative requirements
that can be modified, expanded, or removed to reduce administrative
burden for beneficiaries?
d. Are there CDBG-DR rules, waivers, or alternative requirements
that could be streamlined or removed to accelerate recovery for
grantees receiving smaller awards, or grantees that are funding
primarily small and rural communities? For example, in a Federal
Register notice published on May 24, 2022, HUD identified any grant
under $20,000,000 as a smaller grant award. Going forward, is
$20,000,000 an appropriate threshold?
e. Should there be a minimum allocation threshold for CDBG-DR grant
awards? If so, what should the minimum allocation threshold be or be
based on?
f. Recent appropriations allow grantees to access funding for
program administrative costs prior to the Secretary's certification of
financial controls and procurement processes and adequate procedures
for proper grant management. Grantees have used these administrative
funds primarily for the development of the action plan (e.g., procuring
contractors, increasing capacity, facilitating public participation,
etc.). Aside from creating the action plan for program administrative
costs, are there other approaches that HUD should consider to promote
proactive coordination with other disaster response agencies before a
CDBG-DR grant is executed?
g. Are there any activities that are currently ineligible in CDBG
and are either not funded by other disaster recovery agencies or not
fully funded, but that are so critical to meeting recovery-related
needs that it may be important to permit them through an
[[Page 77867]]
alternative requirement to advance a more resilient and equitable
recovery?
h. Are there CDBG-DR rules, waivers, or alternative requirements
that should be revised to better align with federal disaster relief
programs implemented by the Federal Emergency Management Agency (FEMA),
the U.S. Small Business Administration, the U.S. Army Corps of
Engineers, or other Federal agencies? Are there CDBG-DR rules, waivers,
or alternative requirements that should be adopted by other Federal
disaster recovery agencies?
i. The Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121-5207) (Stafford Act) and CDBG-DR appropriations
acts require HUD and its grantees to coordinate with other Federal
agencies that provide disaster assistance to prevent the duplication of
benefits (DOB). How can HUD and other Federal agencies that provide
disaster assistance make it easier to comply with DOB requirements?
j. What data should grantees report to HUD to improve public
transparency and to better allow evaluation of the use of CDBG-DR funds
consistent with the principles of the Administration's Justice40
initiative to increase federal support for disadvantaged communities
(e.g., requiring grantees to report to HUD on the race and ethnicity of
those who apply for assistance but are not ultimately served)? How
might the administrative burden of reporting be reduced?
k. What types of technical assistance should HUD offer grantees to
support a timely, equitable, resilient, and successful recovery? Are
there phases of CDBG-DR grants (e.g., initial administrative work,
action plan development, program implementation, etc.) where providing
more intensive technical assistance would be more effective? What types
of technical assistance should States offer local government
subrecipients to support a timely, equitable, resilient, and successful
recovery?
l. What types of technical assistance or other measures should HUD
offer to better assist grantees in preventing and identifying potential
contractor fraud and to strengthen the ability of grantees to assist
beneficiaries when they are subject to contractor fraud?
m. What mitigation techniques or requirements could HUD employ to
enhance grantee capacity to comprehensively assess the likelihood of
potential fraud risk and to otherwise detect and prevent fraud in
grantee programs?
2. Establishing Priorities
a. Should CDBG-DR rules, waivers, or alternative requirements be
written to 1) encourage or require grantees to first address disaster
recovery housing needs prior to other recovery needs (e.g.,
infrastructure), or 2) encourage or require grantees to invest in whole
community recovery in proportion to its unmet recovery need (e.g.,
housing, infrastructure, economic revitalization, and mitigation)?
b. If CDBG-DR should encourage grantees to invest in whole
community recovery, what policy incentives would be most effective to
encourage grantees to invest in whole community recovery in proportion
to its unmet recovery need?
c. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated so that grantees are prioritizing
assistance to low- and moderate-income persons and areas, vulnerable
populations, and underserved communities?
d. How can HUD assist grantees in using data-driven information to
better align their proposed recovery programs and activities with unmet
recovery needs? (HUD is also seeking public comment on how it defines
and determines unmet recovery needs in a separate request for
information. Please see the RFI requesting information on the CDBG-DR
allocation formula published elsewhere in today's Federal Register.)
e. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to encourage greater levels of investment in
infrastructure projects that provide the greatest benefit to impacted
low- and moderate-income areas?
f. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated so that grantees carry out
activities to support economic revitalization for underserved and
economically distressed communities?
g. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to better address the unmet recovery and
mitigation needs of affordable rental housing, public housing, and
housing for vulnerable populations?
h. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to allow grantees to leverage private capital
(e.g., bridge loans) to start the long-term recovery process
immediately after a disaster?
3. Understanding the Requirements for Most Impacted & Distressed (MID)
Areas
Currently, CDBG-DR appropriations acts require all funds to be used
in a most impacted and distressed (MID) area resulting from a major
disaster. Current rules attempt to balance requirements in the
appropriations acts to make allocations to HUD-identified MID areas
while also providing grantees with flexibility to capture additional
areas that the grantee can determine is also a MID area, using data or
information that is not available to HUD.
a. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to clarify the differences
between the HUD-identified MID area and the grantee-identified MID
area?
b. Are there specific parameters, data, or other criteria that
should be established by HUD for a disaster-impacted community to
qualify as a grantee-identified MID Area? Please provide
recommendations for specific parameters, criteria, or limitations that
should be established.
c. Should HUD continue to allow for the use of CDBG-DR funds to
benefit grantee-identified MID areas? How, if at all, should HUD adjust
the requirements for the balance of assistance between HUD-identified
and grantee-identified MID areas?
4. Developing the Action Plan
a. What CDBG-DR rules, waivers, or alternative requirements
relating to the action plan, if any, should be modified or eliminated
to capture unmet disaster recovery needs or mitigation needs more
accurately?
b. HUD currently requires grantees to post an action plan for 30
days to solicit public comment and to host at least one public
hearing--is this enough time to solicit meaningful public feedback?
Should HUD consider increasing this time or the number of public
hearings required for initial action plans and/or for later,
substantial amendments to the action plan to achieve meaningful
community engagement?
c. What enhancements should HUD consider to improve a grantee's
experience with the HUD's Disaster Recovery Grant Reporting (DRGR)
system and data reported by grantees, in particular the Public Action
Plan module?
5. Advancing Equity
a. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to ensure grantees equitably
allocate resources
[[Page 77868]]
and adequately address disaster-related needs of the most impacted,
vulnerable, and underserved communities?
b. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified or eliminated to ensure that grantees advance
equity in the timing of who is able to receive assistance and the
amount of assistance available and received? For example, by
prioritizing programs to assist homeowners over those that assist
renters, a grantee may not have enough funding to meet the unmet needs
of renters, including those less able to prepare for, respond to, and
recover from the impacts of disasters.
c. What CDBG-DR rules, waivers, or alternative requirements, if
any, should be modified to further prevent an ``unjustified
discriminatory effect'' (i.e., interests can be served by another
practice with a less discriminatory effect) based on race or other
protected class in the implementation of CDBG-DR funding to address
disaster-related unmet needs (recognizing that HUD has no authority to
waive or specify alternative requirements for statutes and regulations
related to fair housing, nondiscrimination, labor, or the environment)?
d. What barriers impede grantees' ability to allocate resources
equitably? What barriers do protected class groups, vulnerable
populations, and other underserved communities face in accessing,
applying for, and receiving CDBG-DR assistance in a timely manner?
e. What additional guidance, data, or support can HUD provide to
help grantees comply with fair housing and civil rights requirements
and allocate resources equitably across housing types?
f. What challenges do grantees face in complying with their
obligation to ensure meaningful access for individuals with limited
English proficiency or effective communication for individuals with
disabilities? What tools or resources could HUD provide to facilitate
compliance with these obligations?
g. Congress has recently identified Indian tribes as eligible CDBG-
DR grantees but there are currently no Indian tribes in HUD's CDBG-DR
portfolio. Are there revisions to HUD's CDBG-DR policies that should be
considered to capture tribal recovery needs more effectively? (Please
also see the request for information from the public on the need for
any revisions to HUD's allocation formula to better capture tribal
recovery needs published elsewhere in today's Federal Register.)
h. What barriers impede grantees' ability to design and utilize
buyout programs, including incentives, to best serve protected class
groups, vulnerable populations, and other underserved communities? What
CDBG-DR rules and requirements, if any, should be modified or
eliminated to ensure that grantees advance equity in their community-
driven relocation activities?
6. Incorporating Mitigation and Resilience Planning
a. Are there CDBG-DR rules, waivers, or alternative requirements,
and/or policies that prevent or limit grantees' focus on mitigating the
impacts of climate change, particularly for those areas
disproportionately impacted by climate change? If so, please describe.
b. How can CDBG-DR's rules, waivers, or alternative requirements or
policies be modified or eliminated to encourage grantees to use CDBG-DR
funds to invest in activities that incorporate resilience and mitigate
the impacts of climate change?
c. What more can HUD do to encourage grantees to integrate long-
term disaster recovery and mitigation planning into other existing
federal, state, and local planning requirements?
7. Replacing Disaster-damaged Housing Units, Minimizing Displacement,
and Incentivizing Affordable Housing Development
Should CDBG-DR notices continue to waive and provide alternative
requirements for the one-for-one replacement housing requirements at
section 104(d)(2)(A)(i) and (ii) and (d)(3) (42 U.S.C. 5304(d)(2)(A)(i)
and (i) and (d)(3)) of the HCDA and 24 CFR 42.375 for disaster-damaged
owner-occupied lower-income dwelling units that meet the grantee's
definition of ``not suitable for rehabilitation?'' To expedite
recovery, HUD waives this requirement for disaster-damaged owner-
occupied units that meet the grantee's definition for ``not suitable
for rehabilitation.'' CDBG-DR grantees have the discretion to define
``not suitable for rehabilitation,'' but must include their definition
in their action plan for disaster recovery.
a. How can CDBG-DR rules, waivers, or alternative requirements be
modified or eliminated to ensure that grantees are mitigating natural
hazard risks (e.g., sea level rise, high winds, storm surge, flooding,
volcanic eruption, and wildfire risk), while also minimizing
displacement of members of families, individuals, or entities such as
businesses, farms, or nonprofit organizations from their homes and
neighborhoods?
b. What additional relocation, acquisition, and replacement housing
waivers and alternative requirements should HUD consider that would
assist and expedite community efforts to reduce future risk while
minimizing displacement and ensuring fair treatment and protections to
those whose property is acquired or who must move due to a CDBG-DR
funded activity? For example, recent CDBG-DR notices waive (and provide
alternative requirements to) several provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (42 U.S.C. 4601 et seq.) (URA), section 104(d) of the
HCDA, and related CDBG programmatic requirements.
8. Modifying Green and Resilient Building Codes and Standards.
a. Should the Department impose construction standards that require
the use of CDBG-DR funds to adhere to current editions of the
International Building Code (IBC), International Existing Building Code
(IEBC), International Residential Code (IRC), International Wildland-
Urban Interface Code (IWUIC), International Plumbing Code (IPC),
International Mechanical Code (IMC), International Fuel Gas Code
(IFGC), International Fire Code (IFC), ICC 500-14, ICC/NSSA Standard on
the Design and Construction of Storm Shelters, and ICC 600-14 Standard
for Residential Construction in High-wind Regions?
b. Should HUD better align its building code requirements for CDBG-
DR and CDBG-MIT with those required by FEMA or other Federal agencies?
If so, how?
Marion M. McFadden,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2022-27547 Filed 12-19-22; 8:45 am]
BILLING CODE 4210-67-P
