[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12042-12043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6333]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4732-N-03]


Statutory Waiver Granted to New York State for Recovery From the 
September 11, 2001 Terrorist Attacks

AGENCY: Office of Community Planning and Development, HUD.

ACTION: Notice of waiver granted.

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SUMMARY: This notice advises the public of a waiver of statutory 
provisions granted to the State of New York for the purpose of 
assisting in the recovery from the September 11, 2001, terrorist 
attacks on New York City. As described in the SUPPLEMENTARY INFORMATION 
section of this notice, HUD is authorized by statute to waive statutory 
and regulatory requirements for this purpose. This notice lists the 
provisions being waived.

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, SW., 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:

Authority To Grant Waivers

    Section 434 of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 2002 
(Pub. L. 107-73, approved November 26, 2001) provides for the use of 
Community Development Block Grant (CDBG) funds made available from the 
Emergency Response Fund by the 2001 Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist Attacks 
on the United States (Pub. L. 107-38, approved September 18, 2001) to 
New York State for properties and businesses damaged by, and economic 
revitalization related to, the September 11, 2001, terrorist attacks on 
New York City. Section 434 authorizes the Secretary of HUD to waive, or 
specify alternative requirements for, any provision of any statute or 
regulation that the Secretary administers in connection with the 
obligation by the Secretary or use by the recipient of these funds, 
except for requirements related to fair housing, nondiscrimination, 
labor standards, and the environment.
    The Defense Appropriations Act, 2002 (Pub. L. 107-117) made 
available an additional $2.0 billion in CDBG funds subject to section 
434. It also stipulated that at least $500 million of the total be made 
available for individuals, nonprofits, or small businesses for economic 
losses from the September 11, 2001 terrorist attacks.
    The Department finds that the following waiver is necessary to 
facilitate the use of at least $500 million of the $2.7 billion for 
economic loss, and that such use is not inconsistent with the overall 
purpose of the Housing and Community Development Act of 1974, as 
amended, or the Cranston-Gonzalez National Affordable Housing Act, as 
amended. Readers are referred to

[[Page 12043]]

the Notices published by the Department in the Federal Register of 
January 28, 2002 (67 FR 4164) and February 7, 2002 (67 FR 5845) that 
enumerated a list of waivers and alternative requirements that were 
necessary to facilitate the use of the initial disbursement of $700 
million in CDBG funds made available from the Emergency Response Fund.

Description and Justification of Requirements Waived

    1. Waiver of eligibility limitation at Section 105 (a). The 
limitation at section 105 (a) of the Housing and Community Development 
Act of 1974, as amended (42 U.S.C. 5305 (a)) on eligible activities in 
the CDBG program is waived, in recognition of the requirements of 
Public Law 107-117, solely to treat ``payment of compensation to an 
individual, nonprofit or small business for economic losses resulting 
from the September 11, 2001 terrorist attacks on New York City'' as a 
distinct eligible activity. Accordingly, unless the grantee establishes 
limitations on the use of such payments by individuals, nonprofits or 
small businesses, CDBG and other crosscutting requirements generally 
would not apply to such use of payments.
    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 2002 (Pub. L. 
107-73) requires HUD to publish this waiver in the Federal Register no 
later than five days before its effective date. The effective date of 
this waiver is March 25, 2002.

    Dated: March 8, 2002.
Roy A. Bernardi,
Assistant Secretary for Community Planning and Development.
[FR Doc. 02-6333 Filed 3-15-02; 8:45 am]
BILLING CODE 4210-29-P