Waivers and Alternative Requirements for Community Development Block Grant Disaster Recovery (CDBG-DR) and Community Development Block Grant Mitigation (CDBG-MIT) Grantees, 56400-56403 [2024-15055]
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Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices
of Housing and Urban Development,
451 7th Street SW, Room 8210,
Washington, DC 20410–5000; telephone
(202) 402–3400 (this is not a toll-free
number) or email:
PaperworkReductionActOffice@
hud.gov.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, REE, Department of Housing
and Urban Development, 451 7th Street,
SW, Washington, DC 20410; email:
Colette.Pollard@hud.gov or telephone
(202) 402–3400. 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 and
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 available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
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A. Overview of Information Collection
Title of Information Collection: Owner
Certification with HUD’s Tenant
Eligibility and Rent Procedures.
OMB Approval Number: 2502–0204.
Type of Request: Reinstatement, with
change, of previously approved
collection for which approval has
expired.
Form Number: HUD–50059, HUD–
50059–A, HUD–9887/9887–A, HUD–
27061–H, HUD–90100, HUD–90101,
HUD–90102, HUD–90103, HUD–90104,
HUD–90105–a, HUD–90105–b, HUD–
90105–c, HUD–90105–d, HUD–90106,
HUD–91067 and new forms, HUD–
90011 (Enterprise Income Verification
(EIV) System Multifamily Housing
Coordinator Access Authorization
Form) and HUD–90012 (Enterprise
Income Verification (EIV) System User
Access Authorization Form)
Description of the need for the
information and proposed use: The
Department needs to collect this
information in order to establish an
applicant’s eligibility for admittance to
subsidized housing, specify which
eligible applicants may be given priority
over others, and prohibit racial
discrimination in conjunction with
selection of tenants and unit
assignments. The Department must
specify tenant eligibility requirements
as well as how tenants’ incomes, rents
and assistance must be verified and
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computed so as to prevent the
Department from making improper
payments to owners on behalf of
assisted tenants. The Department also
must provide annual reports to Congress
and the public on the race/ethnicity and
gender composition of subsidy program
beneficiaries. This information is
essential to maintain a standard of fair
practices in assigning tenants to HUD
Multifamily properties.
Respondents: Individuals or
households, Business or other for-profit,
Not-for-profit institutions, Federal
Government and State, Local or Tribal
Government.
Estimated Number of Respondents:
2,850,895.
Estimated Number of Responses:
3,050,117.
Frequency of Response: 1.
Average Hours per Response: 3.25.
Total Estimated Burden: 1,439,460.
B. Solicitation of Public Comment
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
C. Authority
Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3507.
Jeffrey D. Little,
General Deputy Assistant Secretary, Office
of Housing.
[FR Doc. 2024–14984 Filed 7–8–24; 8:45 am]
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6467–N–01]
Waivers and Alternative Requirements
for Community Development Block
Grant Disaster Recovery (CDBG–DR)
and Community Development Block
Grant Mitigation (CDBG–MIT) Grantees
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice governs
Community Development Block Grant
disaster recovery (CDBG–DR) and
Community Development Block Grant
mitigation (CDBG–MIT) funds awarded
under several appropriations acts
identified in the Table of Contents.
Specifically, this notice includes
waivers and alternative requirements for
the States of North Carolina and Alaska
in response to their submitted requests
for waivers and alternative requirements
for grants provided under the public
laws cited in this notice. As further
outlined below, this notice provides a
waiver and alternative requirement to
the State of North Carolina to align
buyout requirements across the State’s
various CDBG–DR and CDBG–MIT
grants and a waiver and alternative
requirement to the State of Alaska to
increase the limit on planning costs for
the State’s CDBG–MIT funds. The
Department has waived and established
similar alternative requirements for
other grantees in the past, so the waivers
and alternative requirements described
in this notice are not unique or
precedent setting.
DATES: Applicability Date: July 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Tennille Parker, Director, Office of
Disaster Recovery, U.S. Department of
Housing and Urban Development, 451
7th Street SW, Room 7282, Washington,
DC 20410, telephone number 202–708–
3587 (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.
Email inquiries may be sent to disaster_
recovery@hud.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Authority To Grant Waivers
II. Public Law 114–254, 115–31, 115–123,
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Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices
115–254, and 116–20 Waivers and
Alternative Requirements
III. Public Law 116–20 Waiver and
Alternative Requirement
IV. Finding of No Significant Impact (FONSI)
I. Authority To Grant Waivers
Each of the appropriations acts cited
in the Table of Contents authorize 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 grant funds, except for
requirements related to fair housing,
nondiscrimination, labor standards, and
the environment. HUD may also
exercise its regulatory waiver authority
under 24 CFR 5.110, 91.600, and 570.5.
All waivers and alternative
requirements authorized in this notice
are based upon a determination by the
Secretary that good cause exists, and
that the waiver or alternative
requirement is not inconsistent with the
overall purposes of Title I of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.)
(HCDA). The good cause for each waiver
and alternative requirement is
summarized in this notice.
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II. Public Law 114–254, 115–31, 115–
123, 115–254, and 116–20 Waivers and
Alternative Requirements
Waiver and Alternative Requirement
for North Carolina’s CDBG–DR and
CDBG–MIT Buyout Programs (State of
North Carolina only).
The Department received a request
and justification of good cause from the
State of North Carolina to waive the
requirement that only real property is
eligible for acquisition in buyout
activities, which limits the acquisition
of manufactured, modular, or mobile
housing units (MHUs). Given that the
Department has already updated this
provision for newer grants, allowing this
waiver for North Carolina’s older grants
would merely align requirements across
their grant portfolio. These newer, more
flexible requirements published in the
Federal Register on January 18, 2023
(88 FR 3212) and May 24, 2022 (87 FR
31648) as Appendix B (‘‘the
Consolidated Notice’’) allow CDBG–DR
funds to be used to acquire homes that
are MHUs, regardless of whether MHUs
are considered real property under state
law, as part of the acquisition of an
MHU’s underlying real property in a
buyout activity.
This waiver and alternative
requirement, as further described below,
applies to the State’s CDBG–DR and
CDBG–MIT funds allocated to the State
under Public Law 114–254, 115–31,
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115–123, 115–254, and 116–20. These
CDBG–DR and CDBG–MIT funds are
subject to the requirements in the
Federal Register notices published on
January 18, 2017 (82 FR 5591),
November 21, 2016 (81 FR 83254) (the
‘‘November 2016 Notice’’), August 7,
2017 (82 FR 36812), January 27, 2020
(85 FR 4681), February 9, 2018 (83 FR
5844) (the ‘‘February 2018 Notice’’),
August 14, 2018 (83 FR 40314),
February 19, 2019 (84 FR 4836), June 20,
2019 (84 FR 28848), August 30, 2019 (84
FR 45838) (the ‘‘August 2019 Notice’’),
and January 6, 2021 (86 FR 561)
(collectively, the ‘‘Prior Notices’’).
The Prior Notices require the State to
adhere to more stringent requirements
for buyout activities undertaken with
CDBG–DR and CDBG–MIT funds. Per
these requirements, CDBG–DR and
CDBG–MIT grantees undertaking buyout
activities are required to adhere to the
housing acquisition activity
requirements at 42 U.S.C. 5305(a)(1) and
the associated regulations at 24 CFR
570.201(a), which limit housing
acquisition to real property. Further, the
Prior Notices define the term ‘‘buyout’’
as the acquisition of property located in
a floodway or floodplain that is
intended to reduce risk from future
flooding or the acquisition of properties
in Disaster Risk Reduction Areas
(DRRA), as designated by the grantee.
Because the Prior Notices do not waive
requirements at 42 U.S.C. 5305(a)(1) and
the associated regulations at 24 CFR
570.201(a), any buyout program is
limited to the acquisition of real
property or property considered to be
part of a community’s permanent
housing stock when it includes
acquisition of the underlying real
property (i.e., land). However, 42 U.S.C.
5305(a)(1) and the associated
regulations only permit the use of funds
for MHUs under HUD’s regulatory
oversight, including HUD’s
Manufactured Home Construction and
Safety Standards (‘‘HUD Code’’, 24 CFR
part 3280) and therefore, exclude
MHU’s only built to state and local
standards.
Beginning with the application of the
Consolidated Notice to CDBG–DR funds,
HUD waived the requirements at 42
U.S.C. 5305(a) to the extent necessary
for the creation of a new eligible activity
termed ‘‘buyouts.’’ CDBG–DR grant
funds subject to the requirements in the
Consolidated Notice may be used for
buyout activities defined as the
acquisition of properties located in a
floodway, floodplain, or other DRRA
that is intended to reduce risk from
future hazards. This means that CDBG–
DR funds, subject to the requirements of
the Consolidated Notice, may be used to
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acquire MHUs, that can sometimes be
treated as personal property or do not
meet the HUD Code, as part of the
acquisition of an MHU’s underlying real
property in a buyout activity.
The State of North Carolina has
requested a waiver of the requirement
that buyouts are limited to the
acquisition of real property to allow the
State to align its buyout activities with
the flexibilities provided in the
Consolidated Notice. The waiver and
alternative requirement are necessary to
allow the State to undertake buyout
activities for MHUs that do not qualify
as real property or meet the HUD Code
to reduce the risk of future flooding to
the State’s housing stock and the
administrative burden of managing
different requirements for other buyout
activities across its grant portfolio. The
waiver and alternative requirement
provided herein will help the State
promote recovery and mitigation
following Hurricanes Matthew and
Florence by expanding its buyout
programs to include MHUs in a DRRA
and enable the State to move more
homes and households out of harm’s
way.
The State’s waiver request notes that
it is currently implementing its Strategic
Buyout Program (SBP) with CDBG–DR
and CDBG–MIT funds and that MHUs
constitute a significant portion of the
housing stock in the State, making up 25
percent of all housing stock in disasterimpacted areas. The State’s request also
points out the need to include the value
of MHUs in buyout offers to equitably
serve this population and reduce the
risk of future damage to the State’s
MHU-housing stock, which also tends to
be among the most vulnerable.
The State plans to use its CDBG–DR
and CDBG–MIT funding under Public
Law 114–254, 115–31, 115–123, 115–
254, and 116–20 for the implementation
of its SBP, which began accepting
applications in January 2020. The SBP
is a voluntary buyout program that
beneficiaries may apply for that
provides funding for the purchase of
eligible properties in a DRRA, resulting
in a deed restriction that limits future
development on the acquired parcel.
Applicants and properties must meet
the eligibility criteria set forth in the
State’s SBP Manual.
After reviewing the State’s request
and based on the good cause provided
herein, the Department is waiving 42
U.S.C. 5305(a)(1) and the buyout
requirements established in the Prior
Notices under section VI.B.35 of the
November 2016 Notice (81 FR 83271),
section VI.B.37 of the February 2018
Notice (83 FR 5863), and section V.B.4
of the August 2019 Notice (84 FR 45864)
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Federal Register / Vol. 89, No. 131 / Tuesday, July 9, 2024 / Notices
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for the State of North Carolina’s Public
Law 114–254, 115–31, 115–123, 115–
254, and 116–20 CDBG–DR and CDBG–
MIT funds and establishing as an
alternative requirement the
requirements in section II.B.7.
(including II.B.7.a.) of the January 18,
2023, Notice (88 FR 3212). Any buyouts
of MHUs under this alternative
requirement must include acquisition of
the underlying real property.
III. Public Law 116–20 Waiver and
Alternative Requirement
Waiver and Alternative Requirement
on Limitation of CDBG–MIT Planning
Costs (State of Alaska only).
The Department received a request
and justification of good cause from the
State of Alaska to increase the limit on
planning costs from 15 to 48 percent of
its CDBG–MIT grant to implement a
planning activity in the State’s approved
Action Plan. This request applies to the
State’s CDBG–MIT funds under Public
Law 116–20 announced in the Federal
Register notice published on January 6,
2021 (86 FR 561) (the ‘‘January 2021
Notice’’) for a disaster occurring in
2018. The January 2021 Notice included
waivers and alternative requirements for
grantees that received a CDBG–MIT
allocation under Public Law 115–123 or
116–20 and required grantees to adhere
to the relevant requirements of the
Federal Register notices published on
August 30, 2019 (84 FR 45838) (the
‘‘August 2019 Notice’’) and on
September 28, 2020 (85 FR 60821).
The State is requesting that the
Department modify paragraph
V.A.8.b.(1) of the August 2019 Notice to
accommodate its proposed planning
activity. Specifically, the State is
requesting the ability to use $1,086,800,
or approximately 48 percent, of its
CDBG–MIT grant amount to upgrade the
Municipality of Anchorage’s local
vertical datum reference system to the
National Spatial Reference System
(NSRS). However, paragraph V.A.8.b.(1)
of the August 2019 Notice and Section
II.B. of the January 2021 Notice provide
an alternative requirement that limits
CDBG–MIT grantees to spending a
maximum of 15 percent of their total
grant amount or $750 million,
whichever is less, on planning costs.
The National Oceanic and
Atmospheric Administration (NOAA)
defines and manages the NSRS through
its National Geodetic Survey. The NSRS
serves as a consistent coordinate system
that defines latitude, longitude, height,
scale, gravity, and orientation
throughout the United States. The NSRS
includes a network of permanently
marked points; a consistent, accurate,
and up-to-date national shoreline; a
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network of Continuously Operating
Reference Stations (CORS) which
supports three-dimensional positioning
activities; and a set of accurate models
describing dynamic, geophysical
processes that affect spatial
measurements.
The Municipality of Anchorage’s
existing network of vertical datum
monuments (benchmarks) is not tied to
the NSRS, references a superseded local
mean sea level, has minimal
compatibility with modern survey
techniques that rely heavily on the use
of GPS equipment, and is generally
outdated and in poor condition. For the
Municipality to adopt the NSRS datum,
additional funding is needed to create
an inventory of existing benchmarks,
identify existing benchmarks that may
be used in conjunction with the NSRS,
establish new benchmarks in areas
where few monuments exist, and
conduct a project to establish NSRS
positions on new and existing
benchmarks referencing the
Municipality of Anchorage datum. The
State’s planning activity will verify and
update the GPS coordinates of all
benchmarks within the Municipality of
Anchorage, which is a National
Geodetic Survey requirement for
communities to participate in the
modernized NSRS.
After consulting with the
Municipality of Anchorage, the Office of
Emergency Management, the Office of
Economic and Community Development
(MOA/OECD), and other Federal
partners, and reviewing its Mitigation
Needs Assessment, the State determined
it is critical to allocate funds to upgrade
the local vertical datum reference
system to the NSRS in order to support
FEMA in remapping the Municipality’s
Special Flood Hazard Areas (SFHAs).
Local and State Hazard Mitigation Plans
identify flood risk as one of the most
urgent potential hazards in the
Municipality. However, existing flood
hazard maps are inaccurate, which
limits the Municipality’s ability to
mitigate risk through land-use planning,
infrastructure, building codes, and other
measures. Flood hazard and other
spatial mapping currently rely on the
local vertical datum reference system,
which the November 30, 2018,
earthquake made more inaccurate.
Upgrading the local vertical datum
reference system to the NSRS will
enable coordination with FEMA to
update the Municipality’s SFHAs to
accurately convey flood risks within the
community, making it a strategic and
high-impact project to mitigate disaster
risks and reduce future losses.
Further, FEMA has adopted the NSRS
as the official datum of the National
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Flood Insurance Program and is moving
to transition all Flood Insurance Studies
and Flood Insurance Rate Maps (FIRMs)
to the NSRS. The Municipality’s
adoption of the NSRS will conform to
FEMA standards, increase the alignment
of federally funded geospatial data sets
with local projects, enable the use of
GPS technology in local surveying, and
provide specifications for not only
updating flood maps, but also tsunami
warning systems and other disaster
resources.
To reduce the risks and prioritize the
protection of low- and moderate-income
(LMI) persons, the State of Alaska also
verified that at least 50 percent of its
CDBG–MIT award will continue to be
used exclusively for activities that
benefit LMI persons through its
Tsunami Alert System and Home Flood
Mitigation Program.
The August 2019 Notice and the
January 2021 Notice waive section
106(d) of the HCDA (42 U.S.C. 5306(d))
and 24 CFR 570.489(a)(1)(i) and (iii) and
create an alternative requirement that
limits CDBG–MIT grantees to spending
a maximum of 15 percent of their total
grant amount or $750 million,
whichever is less, on planning costs.
Based on the reasons stated above,
HUD has determined that good cause
exists to modify the alternative
requirement in paragraph V.A.8.b.(1) of
the August 2019 Notice and the third
paragraph of Section II.B. of the January
2021 Notice to the extent necessary to
permit eligible planning expenses up to
48 percent of the State’s CDBG–MIT
grant amount. Additionally, to ensure
that the State prioritizes activities
benefitting LMI persons as described in
its approved CDBG–MIT Action Plan,
the Department will continue to require
that at least 50 percent of the State’s
CDBG–MIT funds be expended on
programs and projects that will benefit
LMI persons.
As a reminder, the State must
continue to limit its administrative costs
for the CDBG–MIT grant to 5 percent of
its total grant award and 5 percent of
program income generated by the grant,
as provided in Public Law 116–20, the
August 2019 Notice, and the January
2021 Notice.
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
online on HUD’s CDBG–DR website at
https://www.hud.gov/program_offices/
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comm_planning/cdbg-dr and 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).
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.
Marion M. McFadden,
Principal Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. 2024–15055 Filed 7–8–24; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_OR_FRN_MO4500180347]
Notice of Public Meeting for the
Southeast Oregon Resource Advisory
Council
Bureau of Land Management,
Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act of 1976 and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management’s (BLM) Southeast
Oregon Resource Advisory Council
(RAC) will meet as follows.
DATES: The Southeast Oregon RAC will
meet on August 12, 2024, from 9 a.m.
to 12 p.m. noon Pacific Time (PT) and
September 24, 2024, from 9 a.m. to 4:30
p.m. PT. The RAC will participate in a
field tour on September 25, 2024, from
9 a.m. to 12 p.m. PT.
ADDRESSES: The August 12, 2024,
meeting will be held virtually. The
September 24, 2024, meeting will be
held at the BLM Burns District Office,
28910 Highway 20 West, Hines, Oregon,
97738, and a virtual participation option
will be available. The September 25,
2024, field tour will commence and
conclude at the BLM’s Oregon Wild
Horse Corral, 26755 Highway 20 W,
Hines, Oregon 97738. Instructions for
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SUMMARY:
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participating virtually, final agendas,
and additional meeting details will be
posted at least 10 days in advance of the
meeting on the RAC’s web page: https://
www.blm.gov/get-involved/resourceadvisory-council/near-you/oregonwashington/southeast-oregon-rac.
Previous meeting minutes, membership
information, and upcoming agendas are
also available on this web page.
FOR FURTHER INFORMATION CONTACT: Lisa
McNee, Public Affairs Officer, 1301
South G Street, Lakeview, OR 97630;
(541) 219–9180; lmcnee@blm.gov.
Individuals in the United States who are
deaf, blind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their countries to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The
Southeast Oregon RAC is chartered, and
the 15 members are appointed by the
Secretary of the Interior. Their diverse
perspectives represent interests
associated with the commercial timber
industry, Federal grazing permits,
energy and mineral development,
recreation, wild horse and burro
management, environmental
organizations, and people who represent
Indian Tribes, academia, and hold
elected office. The RAC serves in an
advisory capacity to BLM and U.S.
Forest Service officials concerning
planning and management of public
lands and national forest resources
located, in whole or part, within the
boundaries of the BLM’s Vale, Burns,
and Lakeview Districts and the
Fremont-Winema and Malheur National
Forests. All meetings are open to the
public in their entirety.
The August 12, 2024, agenda includes
a review and RAC recommendations on
the Lakeview Resource Management
Plan Amendment. The September 24,
2024, agenda items include
presentations on the Conservation and
Landscape Health Rule, the Blueprint
for 21st Century Outdoor Recreation,
and technology and fuels monitoring.
The September 25, 2024, field tour to
the BLM’s Oregon Wild Horse Corral
will provide an opportunity to view
wild horses and burros gathered from
Oregon, California, and Arizona that are
being prepared for adoption. Members
of the public who wish to participate in
the field tour must provide their own
transportation and meals.
Requests for Accommodations: Please
make requests in advance for sign
language interpreter services, assistive
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listening devices, language translation
services, or other reasonable
accommodations. We ask that you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section of
this notice at least 14 business days
prior to the meeting to give the
Department of the Interior sufficient
time to process the request. All
reasonable accommodation requests are
managed on a case-by-case basis.
Public comment periods will be
offered on August 12 and September 24.
Depending on the number of persons
wishing to speak and the time available,
the amount of time for oral comments
may be limited. Information to be
distributed to the RAC is requested
before the start of each meeting. Written
comments can be mailed in advance to
the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice. All comments received will be
provided to the RAC. Before including
your address, phone number, email
address, or other personal identifying
information in your comments, please
be aware that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold your
personal identifying information from
public review, we cannot guarantee we
will be able to do so.
(Authority: 43 CFR 1784–2)
James Forbes,
Lakeview District Manager.
[FR Doc. 2024–15050 Filed 7–8–24; 8:45 am]
BILLING CODE 4331–24–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_AZ_FRN_MO4500178910]
Notice of Realty Action: Recreation
and Public Purposes Act
Classification; Arizona
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM), Hassayampa Field
Office, examined two parcels consisting
of approximately 640 acres of public
land and determined that the parcels are
suitable for classification for lease and/
or conveyance under the provisions of
the Recreation and Public Purpose Act,
as amended (R&PP). The R&PP allows
local governments to lease, develop, and
subsequently acquire public lands for
recreational uses when the proposed use
complies with local government and
SUMMARY:
E:\FR\FM\09JYN1.SGM
09JYN1
]]>Agencies
[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56400-56403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15055]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6467-N-01]
Waivers and Alternative Requirements for Community Development
Block Grant Disaster Recovery (CDBG-DR) and Community Development Block
Grant Mitigation (CDBG-MIT) Grantees
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
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SUMMARY: This notice governs Community Development Block Grant disaster
recovery (CDBG-DR) and Community Development Block Grant mitigation
(CDBG-MIT) funds awarded under several appropriations acts identified
in the Table of Contents. Specifically, this notice includes waivers
and alternative requirements for the States of North Carolina and
Alaska in response to their submitted requests for waivers and
alternative requirements for grants provided under the public laws
cited in this notice. As further outlined below, this notice provides a
waiver and alternative requirement to the State of North Carolina to
align buyout requirements across the State's various CDBG-DR and CDBG-
MIT grants and a waiver and alternative requirement to the State of
Alaska to increase the limit on planning costs for the State's CDBG-MIT
funds. The Department has waived and established similar alternative
requirements for other grantees in the past, so the waivers and
alternative requirements described in this notice are not unique or
precedent setting.
DATES: Applicability Date: July 15, 2024.
FOR FURTHER INFORMATION CONTACT: Tennille Parker, Director, Office of
Disaster Recovery, U.S. Department of Housing and Urban Development,
451 7th Street SW, Room 7282, Washington, DC 20410, telephone number
202-708-3587 (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. Email inquiries may be sent to
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority To Grant Waivers
II. Public Law 114-254, 115-31, 115-123,
[[Page 56401]]
115-254, and 116-20 Waivers and Alternative Requirements
III. Public Law 116-20 Waiver and Alternative Requirement
IV. Finding of No Significant Impact (FONSI)
I. Authority To Grant Waivers
Each of the appropriations acts cited in the Table of Contents
authorize 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 grant funds, except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment.
HUD may also exercise its regulatory waiver authority under 24 CFR
5.110, 91.600, and 570.5.
All waivers and alternative requirements authorized in this notice
are based upon a determination by the Secretary that good cause exists,
and that the waiver or alternative requirement is not inconsistent with
the overall purposes of Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) (HCDA). The good cause
for each waiver and alternative requirement is summarized in this
notice.
II. Public Law 114-254, 115-31, 115-123, 115-254, and 116-20 Waivers
and Alternative Requirements
Waiver and Alternative Requirement for North Carolina's CDBG-DR and
CDBG-MIT Buyout Programs (State of North Carolina only).
The Department received a request and justification of good cause
from the State of North Carolina to waive the requirement that only
real property is eligible for acquisition in buyout activities, which
limits the acquisition of manufactured, modular, or mobile housing
units (MHUs). Given that the Department has already updated this
provision for newer grants, allowing this waiver for North Carolina's
older grants would merely align requirements across their grant
portfolio. These newer, more flexible requirements published in the
Federal Register on January 18, 2023 (88 FR 3212) and May 24, 2022 (87
FR 31648) as Appendix B (``the Consolidated Notice'') allow CDBG-DR
funds to be used to acquire homes that are MHUs, regardless of whether
MHUs are considered real property under state law, as part of the
acquisition of an MHU's underlying real property in a buyout activity.
This waiver and alternative requirement, as further described
below, applies to the State's CDBG-DR and CDBG-MIT funds allocated to
the State under Public Law 114-254, 115-31, 115-123, 115-254, and 116-
20. These CDBG-DR and CDBG-MIT funds are subject to the requirements in
the Federal Register notices published on January 18, 2017 (82 FR
5591), November 21, 2016 (81 FR 83254) (the ``November 2016 Notice''),
August 7, 2017 (82 FR 36812), January 27, 2020 (85 FR 4681), February
9, 2018 (83 FR 5844) (the ``February 2018 Notice''), August 14, 2018
(83 FR 40314), February 19, 2019 (84 FR 4836), June 20, 2019 (84 FR
28848), August 30, 2019 (84 FR 45838) (the ``August 2019 Notice''), and
January 6, 2021 (86 FR 561) (collectively, the ``Prior Notices'').
The Prior Notices require the State to adhere to more stringent
requirements for buyout activities undertaken with CDBG-DR and CDBG-MIT
funds. Per these requirements, CDBG-DR and CDBG-MIT grantees
undertaking buyout activities are required to adhere to the housing
acquisition activity requirements at 42 U.S.C. 5305(a)(1) and the
associated regulations at 24 CFR 570.201(a), which limit housing
acquisition to real property. Further, the Prior Notices define the
term ``buyout'' as the acquisition of property located in a floodway or
floodplain that is intended to reduce risk from future flooding or the
acquisition of properties in Disaster Risk Reduction Areas (DRRA), as
designated by the grantee. Because the Prior Notices do not waive
requirements at 42 U.S.C. 5305(a)(1) and the associated regulations at
24 CFR 570.201(a), any buyout program is limited to the acquisition of
real property or property considered to be part of a community's
permanent housing stock when it includes acquisition of the underlying
real property (i.e., land). However, 42 U.S.C. 5305(a)(1) and the
associated regulations only permit the use of funds for MHUs under
HUD's regulatory oversight, including HUD's Manufactured Home
Construction and Safety Standards (``HUD Code'', 24 CFR part 3280) and
therefore, exclude MHU's only built to state and local standards.
Beginning with the application of the Consolidated Notice to CDBG-
DR funds, HUD waived the requirements at 42 U.S.C. 5305(a) to the
extent necessary for the creation of a new eligible activity termed
``buyouts.'' CDBG-DR grant funds subject to the requirements in the
Consolidated Notice may be used for buyout activities defined as the
acquisition of properties located in a floodway, floodplain, or other
DRRA that is intended to reduce risk from future hazards. This means
that CDBG-DR funds, subject to the requirements of the Consolidated
Notice, may be used to acquire MHUs, that can sometimes be treated as
personal property or do not meet the HUD Code, as part of the
acquisition of an MHU's underlying real property in a buyout activity.
The State of North Carolina has requested a waiver of the
requirement that buyouts are limited to the acquisition of real
property to allow the State to align its buyout activities with the
flexibilities provided in the Consolidated Notice. The waiver and
alternative requirement are necessary to allow the State to undertake
buyout activities for MHUs that do not qualify as real property or meet
the HUD Code to reduce the risk of future flooding to the State's
housing stock and the administrative burden of managing different
requirements for other buyout activities across its grant portfolio.
The waiver and alternative requirement provided herein will help the
State promote recovery and mitigation following Hurricanes Matthew and
Florence by expanding its buyout programs to include MHUs in a DRRA and
enable the State to move more homes and households out of harm's way.
The State's waiver request notes that it is currently implementing
its Strategic Buyout Program (SBP) with CDBG-DR and CDBG-MIT funds and
that MHUs constitute a significant portion of the housing stock in the
State, making up 25 percent of all housing stock in disaster-impacted
areas. The State's request also points out the need to include the
value of MHUs in buyout offers to equitably serve this population and
reduce the risk of future damage to the State's MHU-housing stock,
which also tends to be among the most vulnerable.
The State plans to use its CDBG-DR and CDBG-MIT funding under
Public Law 114-254, 115-31, 115-123, 115-254, and 116-20 for the
implementation of its SBP, which began accepting applications in
January 2020. The SBP is a voluntary buyout program that beneficiaries
may apply for that provides funding for the purchase of eligible
properties in a DRRA, resulting in a deed restriction that limits
future development on the acquired parcel. Applicants and properties
must meet the eligibility criteria set forth in the State's SBP Manual.
After reviewing the State's request and based on the good cause
provided herein, the Department is waiving 42 U.S.C. 5305(a)(1) and the
buyout requirements established in the Prior Notices under section
VI.B.35 of the November 2016 Notice (81 FR 83271), section VI.B.37 of
the February 2018 Notice (83 FR 5863), and section V.B.4 of the August
2019 Notice (84 FR 45864)
[[Page 56402]]
for the State of North Carolina's Public Law 114-254, 115-31, 115-123,
115-254, and 116-20 CDBG-DR and CDBG-MIT funds and establishing as an
alternative requirement the requirements in section II.B.7. (including
II.B.7.a.) of the January 18, 2023, Notice (88 FR 3212). Any buyouts of
MHUs under this alternative requirement must include acquisition of the
underlying real property.
III. Public Law 116-20 Waiver and Alternative Requirement
Waiver and Alternative Requirement on Limitation of CDBG-MIT
Planning Costs (State of Alaska only).
The Department received a request and justification of good cause
from the State of Alaska to increase the limit on planning costs from
15 to 48 percent of its CDBG-MIT grant to implement a planning activity
in the State's approved Action Plan. This request applies to the
State's CDBG-MIT funds under Public Law 116-20 announced in the Federal
Register notice published on January 6, 2021 (86 FR 561) (the ``January
2021 Notice'') for a disaster occurring in 2018. The January 2021
Notice included waivers and alternative requirements for grantees that
received a CDBG-MIT allocation under Public Law 115-123 or 116-20 and
required grantees to adhere to the relevant requirements of the Federal
Register notices published on August 30, 2019 (84 FR 45838) (the
``August 2019 Notice'') and on September 28, 2020 (85 FR 60821).
The State is requesting that the Department modify paragraph
V.A.8.b.(1) of the August 2019 Notice to accommodate its proposed
planning activity. Specifically, the State is requesting the ability to
use $1,086,800, or approximately 48 percent, of its CDBG-MIT grant
amount to upgrade the Municipality of Anchorage's local vertical datum
reference system to the National Spatial Reference System (NSRS).
However, paragraph V.A.8.b.(1) of the August 2019 Notice and Section
II.B. of the January 2021 Notice provide an alternative requirement
that limits CDBG-MIT grantees to spending a maximum of 15 percent of
their total grant amount or $750 million, whichever is less, on
planning costs.
The National Oceanic and Atmospheric Administration (NOAA) defines
and manages the NSRS through its National Geodetic Survey. The NSRS
serves as a consistent coordinate system that defines latitude,
longitude, height, scale, gravity, and orientation throughout the
United States. The NSRS includes a network of permanently marked
points; a consistent, accurate, and up-to-date national shoreline; a
network of Continuously Operating Reference Stations (CORS) which
supports three-dimensional positioning activities; and a set of
accurate models describing dynamic, geophysical processes that affect
spatial measurements.
The Municipality of Anchorage's existing network of vertical datum
monuments (benchmarks) is not tied to the NSRS, references a superseded
local mean sea level, has minimal compatibility with modern survey
techniques that rely heavily on the use of GPS equipment, and is
generally outdated and in poor condition. For the Municipality to adopt
the NSRS datum, additional funding is needed to create an inventory of
existing benchmarks, identify existing benchmarks that may be used in
conjunction with the NSRS, establish new benchmarks in areas where few
monuments exist, and conduct a project to establish NSRS positions on
new and existing benchmarks referencing the Municipality of Anchorage
datum. The State's planning activity will verify and update the GPS
coordinates of all benchmarks within the Municipality of Anchorage,
which is a National Geodetic Survey requirement for communities to
participate in the modernized NSRS.
After consulting with the Municipality of Anchorage, the Office of
Emergency Management, the Office of Economic and Community Development
(MOA/OECD), and other Federal partners, and reviewing its Mitigation
Needs Assessment, the State determined it is critical to allocate funds
to upgrade the local vertical datum reference system to the NSRS in
order to support FEMA in remapping the Municipality's Special Flood
Hazard Areas (SFHAs). Local and State Hazard Mitigation Plans identify
flood risk as one of the most urgent potential hazards in the
Municipality. However, existing flood hazard maps are inaccurate, which
limits the Municipality's ability to mitigate risk through land-use
planning, infrastructure, building codes, and other measures. Flood
hazard and other spatial mapping currently rely on the local vertical
datum reference system, which the November 30, 2018, earthquake made
more inaccurate. Upgrading the local vertical datum reference system to
the NSRS will enable coordination with FEMA to update the
Municipality's SFHAs to accurately convey flood risks within the
community, making it a strategic and high-impact project to mitigate
disaster risks and reduce future losses.
Further, FEMA has adopted the NSRS as the official datum of the
National Flood Insurance Program and is moving to transition all Flood
Insurance Studies and Flood Insurance Rate Maps (FIRMs) to the NSRS.
The Municipality's adoption of the NSRS will conform to FEMA standards,
increase the alignment of federally funded geospatial data sets with
local projects, enable the use of GPS technology in local surveying,
and provide specifications for not only updating flood maps, but also
tsunami warning systems and other disaster resources.
To reduce the risks and prioritize the protection of low- and
moderate-income (LMI) persons, the State of Alaska also verified that
at least 50 percent of its CDBG-MIT award will continue to be used
exclusively for activities that benefit LMI persons through its Tsunami
Alert System and Home Flood Mitigation Program.
The August 2019 Notice and the January 2021 Notice waive section
106(d) of the HCDA (42 U.S.C. 5306(d)) and 24 CFR 570.489(a)(1)(i) and
(iii) and create an alternative requirement that limits CDBG-MIT
grantees to spending a maximum of 15 percent of their total grant
amount or $750 million, whichever is less, on planning costs.
Based on the reasons stated above, HUD has determined that good
cause exists to modify the alternative requirement in paragraph
V.A.8.b.(1) of the August 2019 Notice and the third paragraph of
Section II.B. of the January 2021 Notice to the extent necessary to
permit eligible planning expenses up to 48 percent of the State's CDBG-
MIT grant amount. Additionally, to ensure that the State prioritizes
activities benefitting LMI persons as described in its approved CDBG-
MIT Action Plan, the Department will continue to require that at least
50 percent of the State's CDBG-MIT funds be expended on programs and
projects that will benefit LMI persons.
As a reminder, the State must continue to limit its administrative
costs for the CDBG-MIT grant to 5 percent of its total grant award and
5 percent of program income generated by the grant, as provided in
Public Law 116-20, the August 2019 Notice, and the January 2021 Notice.
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 online on HUD's CDBG-DR website at https://www.hud.gov/
program_offices/
[[Page 56403]]
comm_planning/cdbg-dr and 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).
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.
Marion M. McFadden,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2024-15055 Filed 7-8-24; 8:45 am]
BILLING CODE 4210-67-P
