[Federal Register Volume 64, Number 46 (Wednesday, March 10, 1999)]
[Notices]
[Pages 11943-11945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5859]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4398-N-03]


1998 HUD Disaster Recovery Initiative Amendments

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends a notice published October 22, 1998, 
governing the allocation and use of HUD Disaster Recovery Initiative 
grant funds. The amendments add Indian tribes and Guam, the Northern 
Mariana Islands, the Virgin Islands, and American Samoa (Insular Areas) 
as eligible grant recipients and make technical corrections to the 
Allocation and Expenditure of Funds section of the original notice.

FOR FURTHER INFORMATION CONTACT: Jan C. Opper, Senior Program Officer, 
Office of Block Grant Assistance, Department of Housing and Urban 
Development, Room 7286, 451 Seventh Street, S.W., Washington, DC 20410, 
telephone number (202) 708-3587. Persons with hearing or speech 
impairments may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339. FAX inquiries may be sent 
to Mr. Opper at (202) 401-2044. (Except for the ``800'' number, these 
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The 1998 Supplemental Appropriations and 
Rescissions Act (Pub. L. 105-174, 112 Stat. 58, approved May 1, 1998), 
required the publication of a notice governing the allocation and use 
of 1998 HUD Disaster Recovery Initiative grant funds. On October 22, 
1998, at 63 FR 56764, HUD published a notice to address this 
requirement. The notice of October 22, 1998 is amended by this notice 
to make technical corrections and incorporate changes made by section 
215 of the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 
105-276, 112 Stat. 2461, approved October 21, 1998), which added Indian 
tribes and Insular Areas (Guam, the Northern Mariana Islands, the 
Virgin Islands, and American Samoa) as eligible grant recipients. The 
changes made by the amendments in this notice include amending the 
definition of ``State'' and ``State grant recipient'' for the purposes 
of these grants, adjusting specific elements required in the grant 
application and specifying certifications for Indian tribes. Technical 
corrections are to the Allocation and Expenditure of Funds section.
    Accordingly, FR Doc. 98-28436, the 1998 HUD Disaster Recovery 
Initiative Notice, published in the Federal Register October 22, 1998, 
63 FR 56764, is amended as follows:
    1. On page 56765, in column 2, the definitions of State and State 
grant recipient in section I.D. are revised to read as follows:
    State means any State of the United States, and the Commonwealth of 
Puerto Rico, or an instrumentality thereof approved by the Governor. 
Additionally, except as pertains to environmental review 
responsibilities under 24 CFR part 58, for these 1998 Supplemental 
Appropriations Act funds only, the term ``States'' also includes Indian 
tribes and Insular Areas (Guam, the Northern Mariana Islands, the 
Virgin Islands, and American Samoa).
    State grant recipient means a unit of general local government that 
receives a DRI grant through a State. Additionally, for these 1998 
Supplemental Appropriations Act funds only, the term ``State grant 
recipient'' also includes

[[Page 11944]]

Indian tribes and Insular Areas (Guam, the Northern Mariana Islands, 
the Virgin Islands, and American Samoa).
    2. On page 56765, in column 3, paragraph c. of section I.E.2. is 
removed, and paragraphs d. and e. are redesignated as c. and d., 
paragraph e. is added as follows, and the redesignated paragraphs c. 
and d. are revised to read as follows:
    c. HUD has set minimum grant amounts for the allocation of funds 
per disaster at the lesser of $1.5 million or the amount of unmet need 
identified by FEMA from State sources, and maximum grant amounts per 
disaster at $20 million.
    d. HUD may calculate the allocations of funds to States for an 
individual declared disaster or in one or more groupings of declared 
disasters, as it deems appropriate.
    e. If a State certifies that it has determined that the unmet needs 
data previously submitted to FEMA are inaccurate or significantly 
incomplete, within 45 days of publication of this notice, the Governor 
may request HUD, in consultation with FEMA, to accept, review, and 
identify as unmet needs, a revised State submission of such needs. 
Those needs must be related to a disaster declared during fiscal year 
1998 or declared prior to the date of this notice during fiscal year 
1999. Such request must be accompanied by the revised unmet needs data 
in the same format as previously prescribed by FEMA and by a 
justification for reconsideration.
    3. On page 56765, in column 3, in section I.E.3., the date October 
1, 2005, is corrected to read October 1, 2006.
    4. On page 56766, in column 1, sections I.F.2. and 3. are revised 
to read as follows:
    2. Match contributions must be made to DRI-funded recovery projects 
related to covered disasters.
    3. Match may be provided by any public entity from non-Federal 
cash, real estate, or revenue resources owned or controlled by the 
public entity or the value of public improvements and public facilities 
activities, or force account work undertaken.
    5. On page 56766, in column 3, a new section I.G.2A. is added to 
read as follows:
    2A. Indian tribes and the Insular Areas (Guam, the Northern Mariana 
Islands, the Virgin Islands, and American Samoa), only, may omit from 
their Action Plans the items listed in paragraphs d. and e. of section 
I.G.2. of this notice, above.
    6. On page 56766, in column 3, section I.G.3. is revised to read as 
follows:
    3. A State must only distribute DRI funds to units of general local 
government and to Indian tribes that have the capability to carry out 
disaster recovery activities. Indian tribes, and Guam, the Northern 
Mariana Islands, the Virgin Islands, and American Samoa, may carry out 
activities directly.
    7. On page 56766, in column 3, the introductory text of section 
I.G.4. is revised to read as follows:
    4. Each State must describe monitoring standards and procedures 
pursuant to Sec. 91.330 and include certifications pursuant to:
    8. On page 56766, in column 3, a new section I.G.4A. is added to 
read as follows:
    4A. Instead of following section I.G.4. of this notice, above, each 
Indian tribe must describe monitoring standards and procedures and 
certify that:
    a. It will comply with the requirements of Title II of Public Law 
90-284 (25 U.S.C. 1301) (the Indian Civil Rights Act) and any 
applicable anti-discrimination laws;
    b. It will provide the drug-free workplace required by 24 CFR part 
24, subpart F;
    c. It will comply with restrictions on lobbying required by 24 CFR 
part 87, together with disclosure forms, if required by that part;
    d. It will comply with all applicable laws;
    e. It possesses the legal authority to apply for the DRI grant and 
execute the proposed program;
    f. Except as waived, it will comply with the acquisition and 
relocation requirements of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970, as amended, implementing 
regulations at 49 CFR part 24;
    g. Prior to submission of its application to HUD, it has met the 
citizen participation requirements of section I.G.5.b. of this notice;
    h. The Action Plan for Disaster Recovery has been developed so that 
more than 50 percent of the funds received under this grant will be 
used for activities that benefit low- and moderate-income persons (as 
the term ``activities benefiting low- and moderate-income persons'' is 
used at Sec. 570.483(b)).
    9. On page 56766, in column 3, paragraph I.G.5.ii. is corrected to 
read as follows:
    ii. Publish a proposed Action Plan for Disaster Recovery in such 
manner to afford affected citizens and units of general local 
government an opportunity to examine its content and to submit comments 
on the proposed disaster recovery activities and on the community 
development performance of the grantee; and
    10. On page 56768, in column 3, section I.H.9., the first sentence 
of the introductory text is corrected to read as follows:
    9. Reimbursement for pre-award costs. The effective date of the 
grant agreement is the date HUD obligates the appropriated funds by 
executing the grant agreement.
    11. On page 56770, in column 2, the first paragraph of the 
introductory text of section I.M.2. is revised to read as follows:
    2. Labor standards. In part because Davis-Bacon requirements are 
not applicable to FEMA disaster grants, it is necessary to clarify the 
applicability of Davis-Bacon requirements in relationship to the use of 
DRI funds in disaster recovery efforts. This section of this Notice 
addresses Davis-Bacon applicability to use of DRI funds to reimburse 
property owners for construction work either completed or in process at 
the time use of those funds is contemplated. In accordance with the 
authority under section 107(e)(2) of the Act, the Secretary has waived 
the labor standards requirements for Indian tribes under this program.
    12. On page 56772, in column 3, a new section II.C.3. is added to 
read as follows:
    3. Sections II.C.1. and II.C.2. of this notice, above, do not apply 
to Indian tribes, which are governed instead by the requirements of 
Indian Civil Rights Act (25 U.S.C. 1301-1303 Title II of the Civil 
Rights Act of 1968).
    13. On page 56773, in column 2, a new section II.D.4. is added to 
read as follows:
    4. Sections II.D.1. and II.D.2. of this notice, above, do not apply 
to Indian tribes, which are governed by the Indian Civil Rights Act.
    14. On page 56773, in column 2, section II.E.1. is revised to read 
as follows:
    1. Prior to the commitment of any DRI funds, grantees must comply 
with the regulations in 24 CFR part 58. These regulations require: the 
analysis of potential environmental impacts; consultation with 
interested parties; and public notification of the results of the 
analysis and intent to request release of funds from HUD. State grant 
recipients must assume the responsibility for environmental reviews 
under the Disaster Recovery Initiative. States administering DRI funds 
must assume the responsibilities set forth in section 58.18 for 
overseeing the State grant recipients' compliance with environmental 
review requirements, including receiving requests for release

[[Page 11945]]

of funds (RROF) and environmental certifications from State grant 
recipients and objections from government agencies and the public in 
accordance with subpart H of 24 CFR part 58. Indian tribes, Guam, the 
Northern Mariana Islands, the Virgin Islands, and American Samoa must 
forward to the responsible HUD field office the environmental 
certification, the RROF and any objections received, and must recommend 
to HUD whether to approve or disapprove the certification and RROF.

Authority

    1998 Supplemental Appropriations and Rescissions Act (Pub. L. 105-
174, 112 Stat. 58, at 76-77, approved May 1, 1998); Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 1999 (Pub. L. 105-276, 112 Stat. 2461, 
section 215, approved October 21, 1998).

    Dated: March 4, 1999.
Cardell Cooper,
Assistant Secretary for Community Planning and Development.
[FR Doc. 99-5859 Filed 3-9-99; 8:45 am]
BILLING CODE 4210-29-P