[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Proposed Rules]
[Pages 31192-31201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11350]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 91
[Docket No. FR 5891-P-01]
RIN 2506-AC41
Modernizing HUD's Consolidated Planning Process To Narrow the
Digital Divide and Increase Resilience to Natural Hazards
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development.
ACTION: Proposed rule.
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SUMMARY: HUD's Consolidated Plan is a planning mechanism designed to
help States and local governments to assess their affordable housing
and community development needs and to make data-driven, place-based
investment decisions. The consolidated planning process serves as the
framework for a community-wide dialogue to identify housing and
community development priorities that align and focus funding from
HUD's formula block grant programs. This proposed rule would amend
HUD's Consolidated Plan regulations to require that jurisdictions
consider two additional concepts in their planning efforts.
The first concept is how to address the need for broadband access
for low- and moderate-income residents in the communities they serve.
Broadband is the common term used to refer to a high-speed, always on
connection to the Internet. Such connection is also referred to as
high-speed broadband or high-speed Internet. Specifically, the proposed
rule would require that States and localities that submit a
consolidated plan describe the broadband access in housing occupied by
low- and moderate-income households. If low-income residents in the
communities do not have such access, States and jurisdictions must
consider providing broadband access to these residents into their
decisions on how to invest HUD funds. The second concept to be added to
the Consolidated Plan process would require jurisdictions to consider
incorporating resilience to natural hazard risks, taking care to
anticipate how risks will increase due to climate change, into
development of the Plan in order to begin addressing impacts of climate
change on low- and moderate-income residents.
DATES: Comments Due Date: July 18, 2016.
ADDRESSES: Interested persons are invited to submit comments responsive
to this proposed rule to the Office of General Counsel, Regulations
Division, Department of Housing and Urban Development, 451 7th Street
SW., Room 10276, Washington, DC 20410-0001. All submissions should
refer to the above docket number and title. Submission of public
comments may be carried out by hard copy or electronic submission.
1. Submission of Hard Copy Comments. Comments may be submitted by
mail or hand delivery. Each commenter submitting hard copy comments, by
mail or hand delivery, should submit comments to the address above,
addressed to the attention of the
[[Page 31193]]
Regulations Division. Due to security measures at all federal agencies,
submission of comments by mail often results in delayed delivery. To
ensure timely receipt of comments, HUD recommends that any comments
submitted by mail be submitted at least 2 weeks in advance of the
public comment deadline. All hard copy comments received by mail or
hand delivery are a part of the public record and will be posted to
http://www.regulations.gov without change.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
http://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make comments
immediately available to the public. Comments submitted electronically
through the http://www.regulations.gov Web site can be viewed by other
commenters and interested members of the public. Commenters should
follow instructions provided on that site to submit comments
electronically.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Comments. All comments submitted to HUD
regarding this rule will be available, without charge, for public
inspection and copying between 8 a.m. and 5 p.m., Eastern Time,
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). Individuals with speech or
hearing impairments may access this number through TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
Copies of all comments submitted are available for inspection and
downloading at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lora Routt, Senior Advisor, Office of
Community Planning and Development, Department of Housing and Urban
Development, Office of Community Planning and Development, 451 7th
Street SW., Suite 7204, Washington, DC 20410 at 202-402-4492, (this is
not a toll-free number). Individuals with speech or hearing impairments
may access this number via TTY by calling the Federal Relay Service,
toll-free, at 800-877-8339.
Persons with hearing or speech impairments may access this number
through TTY by calling the Federal Relay Service at 800-877-8339 (this
is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of This Proposed Rule
The purpose of this proposed rule is to require States and local
governments to evaluate the availability of broadband access and the
vulnerability of housing occupied by low- and moderate income
households to natural hazard risks, many of which may be increasing due
to climate change, in their consolidated planning efforts. These
evaluations will be conducted using readily available data sources
developed by Federal government agencies and other available data and
analyses, including State, Tribal, and local hazard mitigation plans
that have been approved by the Federal Emergency Management Agency
(FEMA). Where access to broadband Internet service is not currently
available or is minimally available (such as in certain rural areas),
States and local governments must consider ways to bring broadband
Internet access to low- and moderate-income residents, including how
HUD funds could be used to narrow the digital divide for these
residents. Further, where low- and moderate-income communities are at
risk of natural hazards, including those that are expected to increase
due to climate change, States and local governments must consider ways
to incorporate appropriate hazard mitigation and resilience into their
community planning and development goals, codes, and standards,
including the use of HUD funds. These two planning considerations
reflect emerging needs of communities in this changing world. Broadband
access provides access to a wide range of resources, services, and
products and such access not only can assist individuals in improving
their economic outlook, but also assists communities in this same way.
Analysis of natural hazards, including the anticipated effects of
climate change on those hazards, is important to help ensure that
jurisdictions are aware of existing and developing vulnerabilities in
the geographic areas that they serve that can threaten the health and
safety of the populations they serve.
B. Summary of Major Provisions of This Proposed Rule
The current regulations require that local governments and States
consult public and private agencies that provide assisted housing,
health services, and social and fair housing services during
preparation of the consolidated plan. Under the current regulations,
local governments and States are also required in their citizen
participation plan to encourage the participation of local and regional
institutions and businesses in the process of developing and
implementing their consolidated plans. The proposed rule would require
States and local governments, in preparing their consolidated plans, to
add to the list of public and private agencies and entities that they
now must consult with for preparation of their plans, to consult with
public and private organizations, including broadband Internet service
providers, organizations engaged in narrowing the digital divide (e.g.,
schools, digital literacy organizations), and agencies whose primary
responsibilities include the management of floodprone areas, public
land or water resources, and emergency management agencies.
Jurisdictions must also encourage the participation of these entities
in implementing relevant components of the plan.
The proposed rule would also require jurisdictions to describe
broadband access in housing occupied by low- and moderate-income
households based on an analysis of data for its low- and moderate-
income neighborhoods in the National Broadband Map \1\ created by the
National Telecommunications and Information Administration (NTIA) of
the Department of Commerce. Grantees may also use broadband
availability data in the Federal Communications Commission (FCC) Form
477 \2\ or other data identified by the jurisdiction, for which the
source is cited in the jurisdiction's Consolidated Plan. These needs
include the need for broadband wiring and for connection to the
broadband service in the household units, the need for increased
competition by having more than one broadband Internet service provider
serve the jurisdiction.
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\1\ See http://www.broadbandmap.gov.
\2\ See https://www.fcc.gov/general/broadband-deployment-data-fcc-form-477.
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The proposed rule would also require that jurisdictions provide, as
part of their required housing market analysis, an assessment of
natural hazard risks, including risks expected to increase due to
climate change, to low- and moderate-income residents based on an
analysis of data, findings, and methods in (1) the most recent National
Climate
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Assessment,\3\ the Climate Resilience Toolkit,\4\ the Impact of Climate
Change and Population Growth on the National Flood Insurance Program
Through 2100,\5\ or the Community Resilience Planning Guide for
Buildings and Infrastructure Systems prepared by the National Institute
of Standards and Technology (NIST); \6\ (2) other climate risk-related
data published by the Federal government or other State or local
government climate risk related data, including FEMA-approved hazard
mitigation plans which incorporate climate change; or (3) other climate
risk data identified by the jurisdiction, for which the source is cited
in the jurisdiction's Consolidated Plan. Grantees may request Technical
Assistance through their HUD Field Office or directly at
www.HUDExchange.info/get-assistance.
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\3\ See http://nca2014.globalchange.gov/highlights#submenu-highlights-overview.
\4\ See https://toolkit.climate.gov.
\5\ See http://www.acclimatise.uk.com/login/uploaded/resources/FEMA_NFIP_report.pdf.
\6\ See http://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.1197.pdf.
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C. Costs and Benefits of This Proposed Rule
HUD's Consolidated Plan process, established by regulation in 1994,
provides a comprehensive planning process for HUD programs administered
by HUD's Office of Community Planning and Development, specifically the
Community Development Block Grant (CDBG) program, the HOME Investment
Partnerships (HOME) program, Emergency Solutions Grants (ESG) program
and the Housing with Opportunities for Persons With AIDS (HOPWA).
Comprehensive community planning provides officials with an informative
profile of their communities in terms of population, housing, economic
base, community facilities, and transportation systems, and such
information aids officials in their investment decisions. HUD's
Consolidated Planning process assists State and local officials that
are recipients of HUD funds under the above-listed programs in
determining the housing and community development needs of their
respective communities. Requiring consolidated plan jurisdictions to
consider the broadband and natural hazard resilience needs of their
communities helps to ensure a more complete profile of the needs of
their communities. As discussed in this preamble, the importance of
providing broadband access to all cannot be overstated. Broadband
access is not only important to increasing opportunity for an
individual's success, but to the success of a community. Consideration
of the impact of natural hazard risks, many of which are anticipated to
increase due to climate change, in one's community, and how communities
can help mitigate any such adverse impacts, is equally important as it
will help to guide the best use of land and orderly and sustainable
growth. In brief, the benefits of this proposed rule are to promote a
balanced planning process that more fully considers the housing,
environmental, and economic needs of communities.
HUD does not anticipate that the costs of the revised consultation
and reporting requirements will be significant since the regulatory
changes proposed by this proposed rule merely build upon similar
existing requirements for other elements covered by the consolidated
planning process rather than mandating completely new procedures.
Further, the required assessments will be based on data readily
available on the Internet. Therefore, jurisdictions will not have to
incur the expense and administrative burdens associated with collecting
data. Moreover, this proposed rule does not mandate that actions be
taken to address broadband needs or climate change adaptation needs.
Consolidated plan jurisdictions are in the best position to decide how
to expend their HUD funds. However, HUD believes that the additional
analyses required by this rule may highlight areas where expenditure of
funds would assist in opening up economic opportunities through
increased broadband access or mitigate the impact of possible natural
hazards, including those that may be exacerbated due to climate change.
HUD leaves it to jurisdictions to consider any appropriate methods to
promote broadband access or protect against the adverse impacts of
climate change, taking into account the other needs of their
communities, and available funding, as identified through the
consolidated planning process.
II. Background
A. Broadband
On March 23, 2015, President Obama issued a Presidential Memorandum
on ``Expanding Broadband Deployment and Adoption by Addressing
Regulatory Barriers and Encouraging Investment and Training.'' \7\ In
this memorandum, the President noted that access to high-speed
broadband is no longer a luxury, but it is a necessity for American
families, businesses, and consumers.\8\ The President further noted
that the Federal government has an important role to play in developing
coordinated policies to promote broadband deployment and adoption,
including promoting best practices, breaking down regulatory barriers,
and encouraging further investment.
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\7\ See https://www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-expanding-broadband-deployment-and-adoption-addr.
\8\ The Web page for the National Broadband Map explains that
``broadband refers to a high-speed, always-on connection to the
Internet. The primary factors that people consider when deciding
what type of broadband Internet service to subscribe to include
service availability, connection speed, technology and price.
Organizations define broadband in different ways. For information to
be included on the National Broadband Map, the technology must
provide a two-way data transmission (to and from the Internet) with
advertised speeds of at least 768 kilobits per second (kbps)
downstream and at least 200 kbps upstream to end users.'' Please see
http://www.broadbandmap.gov/.
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The memorandum established an interagency Broadband Opportunity
Council, including representatives from the Executive Branch agencies,
for the purposes of consulting with State, local, tribal, and
territorial governments, as well as telecommunications companies,
utilities, trade associations, philanthropic entities, policy experts,
and other interested parties to identify and assess regulatory barriers
and opportunities to broadband adoption. The council's report,
published by the White House on September 21, 2015, included a number
of specific actions that agencies (including HUD) agreed to take to
promote greater broadband deployment and adoption. This change to the
Consolidated Planning process is one of those actions.\9\
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\9\ See, Broadband Opportunity Council, Report to President
Obama at p. 14 (Aug. 20, 2015), available at https://www.whitehouse.gov/sites/default/files/broadband_opportunity_council_report_final.pdf .
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On July 15, 2015, HUD launched its Digital Opportunity
Demonstration, known as ``ConnectHome,'' in which HUD provided a
platform for collaboration among local governments, public housing
agencies, Internet service providers, philanthropic foundations,
nonprofit organizations and other relevant stakeholders to work
together to produce local solutions for narrowing the digital divide in
communities across the nation served by HUD.\10\ The demonstration, or
pilot as it is also called, commenced with the participation of 28
communities. Through contributions made by the Internet service
providers and other organizations participating in the pilot, these 28
communities will benefit from the ConnectHome collaboration by
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receiving, for the residents living in HUD public and assisted housing
in these communities, broadband infrastructure, technical assistance,
literacy training, and electronic devices that provide for accessing
high-speed Internet.
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\10\ See https://www.whitehouse.gov/the-press-office/2015/07/15/fact-sheet-connecthome-coming-together-ensure-digital-opportunity-all.
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On March 9, 2016, President Obama launched the ConnectALL
initiative to ensure that more Americans have the broadband they need
to get a job, engage their community, and deliver opportunity to their
children.\11\ ConnectALL will increase the affordability of broadband
for low-income Americans; deliver digital literacy skills; increase
access to affordable devices; develop a tool to support broadband
planning; bring together private sector corporations helping to deliver
affordable connectivity; and marshal philanthropic support for digital
inclusion. The goal of ConnectALL is to create a national effort to
connect 20 million more Americans to broadband by 2020.
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\11\ https://www.whitehouse.gov/the-press-office/2016/03/09/fact-sheet-president-obama-announces-connectall-initiative.
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The importance of all Americans having access to the Internet
cannot be overstated. As HUD stated in its announcement of the Digital
Opportunity Demonstration, published in the Federal Register on April
3, 2015, at 80 FR 18248, ``[k]nowledge is a pillar to achieving the
American Dream--a catalyst for upward mobility as well as an investment
that ensures each generation is as successful as the last.'' \12\ Many
low-income Americans do not have broadband Internet at home,
contributing to the estimated 66 million Americans who are without the
most basic digital literacy skills. Without broadband access and
connectivity and the skills to use Internet technology at home,
children will miss out on the high-value educational, economic, and
social impact that high-speed Internet provides. It is for these
reasons that HUD is exploring ways, beyond ConnectHome, to narrow the
digital divide for the low-income individuals and families served by
HUD multifamily rental housing programs. This proposed rule presents
one such additional effort.
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\12\ 80 FR18248, at 18249.
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B. Natural Hazards Resilience
On November 1, 2013, President Obama signed Executive Order 13653,
on ``Preparing the United States for the Impacts of Climate Change.''
\13\ The Executive Order recognizes that the impacts of climate
change--including an increase in prolonged periods of excessively high
temperatures, more heavy downpours, an increase in wildfires, more
severe droughts, permafrost thawing, ocean acidification, and sea-level
rise--are often most significant for communities that already face
economic or health-related challenges. Research has developed the
concept of social vulnerability, which describes characteristics (age,
gender, socioeconomic status, special needs, race, and ethnicity) of
populations that influence their capacity to prepare for, respond to,
and recover from hazards and disasters, including the sensitivity of a
population to climate change impacts and how different people or groups
are more or less vulnerable to those impacts. Social vulnerability and
equity in the context of climate change are important because some
populations may have less capacity to prepare for, respond to, and
recover from climate-related hazards and effects.\14\ Executive Order
13653 asserts that managing these risks requires deliberate
preparation, close cooperation, and coordinated planning by the federal
government, State, Tribal, and local governments, and stakeholders.
Further, the Executive Order calls upon Federal agencies to identify
opportunities to support and encourage smarter, more climate-resilient
investments by States, local communities, and tribes, through grants
and other programs, in the context of infrastructure development.
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\13\ Executive Order 13653 was subsequently published in the
Federal Register on November 6, 2013, at 78 FR 66819.
\14\ A summary of research on social vulnerability is provided
in Kathy Lynn, Katharine MacKendrick, and Ellen M. Donoghue, Social
Vulnerability and Climate Change: Synthesis of Literature (United
States Department of Agriculture, August 2011), available online at:
http://www.fs.fed.us/pnw/pubs/pnw_gtr838.pdf.
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Section 7 of Executive Order 13653 established the President's
State, Local, and Tribal Leaders Task Force on Climate Change
Resilience and Preparedness (Task Force). Co-chaired by the Chair of
the White House Council on Environmental Quality and the Director of
the White House Office of Intergovernmental Affairs, the Task Force
consisted of 26 governors, mayors, county officials, and Tribal leaders
from across the United States. Members brought first-hand experiences
in building climate preparedness and resilience in their communities
and conducted broad outreach to thousands of government agencies, trade
associations, planning agencies, academic institutions, and other
stakeholders, to inform their recommendations to the Administration.
The President charged the Task Force with providing recommendations
on how the Federal government can respond to the needs of communities
nationwide that are dealing with the impacts of climate change by
removing barriers to resilient investments, modernizing Federal grant
and loan programs to better support local efforts, and developing the
information and tools they need to prepare, among other measures. In
November 2014, Task Force members presented their recommendations for
the President at a White House meeting with Vice President Biden and
other senior Administration officials.\15\ Among other actions, the
Task Force called on HUD to consider strategies within existing grant
programs to facilitate and encourage integrated hazard mitigation
approaches that address climate-change related risks, land use,
development codes and standards, and capital improvement planning. This
proposed rule represents one step that HUD is taking to implement these
recommendations.
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\15\ https://www.whitehouse.gov/administration/eop/ceq/initiatives/resilience/taskforce.
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III. This Proposed Rule
HUD's consolidated planning process serves as the framework for a
community-wide dialogue to identify housing and community development
priorities that align and focus funding from the HUD formula block
grant programs: Community Development Block Grant (CDBG) program, HOME
Investment Partnerships (HOME) program, Emergency Solutions Grant (ESG)
program, and Housing Opportunities for Persons With AIDS (HOPWA)
program. HUD's regulations for the consolidated planning are codified
at 24 CFR part 91(entitled ``Consolidated Submissions for Community
Planning and Development Programs'').
The Consolidated Plan, which may have a planning duration of
between 3 and 5 years, is designed to help States and local governments
assess their affordable housing and community development needs, in the
context of market conditions at the time of their planning, and to make
data-driven, place-based decisions on how to expend HUD funds in their
jurisdictions. In developing their consolidated plans, States and local
governments are required to engage their communities, both in the
process of developing and reviewing the proposed plan, and as partners
and stakeholders in the implementation of the plan. By consulting and
collaborating with other public and private entities, States and local
governments can better align and
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coordinate community development programs with a range of other plans,
programs, and resources to achieve greater impact. A jurisdiction's
consolidated plan is carried out through annual action plans, which
provide a concise summary of the actions, activities, and the specific
Federal and non-federal resources that will be used each year to
address the priority needs and specific goals identified by the
Consolidated Plan. States and local governments report on
accomplishments and progress toward consolidated plan goals in the
Consolidated Annual Performance and Evaluation Report (CAPER).
The regulatory amendments proposed by this rule would require
States and local governments to consider broadband access and natural
hazard resilience as part of their consolidated planning efforts. As
provided in this proposed rule, States and local governments will need
to consider the broadband needs of their low- and moderate-income
residents, and the extent that available broadband Internet service
providers and technology support these residents' broadband access
needs. Where the required analysis demonstrates that such support is
not currently available or is minimally available, States and local
governments should consider ways to bring broadband Internet access to
these residents, such as the extent to which broadband Internet service
providers could be solicited to contribute to the broadband access
needs of low-income residents, or how HUD funds could be used to narrow
the digital divide for low- and moderate-income residents.
Further, where the required analysis demonstrates that low- and
moderate-income communities are at risk of natural hazards, including
those that may be exacerbated due to climate change, States and local
governments should consider ways to incorporate hazard mitigation and
resilience into their community planning and development goals,
development codes, and standards, including how HUD funds could be used
to mitigate natural hazard risks, including increasing risks due to
climate change, with other Federal, State, local, philanthropic, and
private sector funding. In this regard, President Obama's
Administration is committed to giving communities across the United
States the information and tools they need to plan for current and
future climate change impacts, such as flooding and sea-level rise. In
March 2014, the Administration launched the Climate Data Initiative, an
effort to make vast Federal data resources on climate change risks and
impacts openly available to the public.\16\ Following a major disaster
designation, jurisdictions should consider reviewing and possibly
revising the required resilience analysis. Such a review would assist
jurisdictions in determining whether the disaster has introduced new or
unanticipated hazard risks and consequences or unmet needs. Such a
review would assist jurisdictions in deciding how best to use HUD funds
to address new resilience-related and disaster recovery-related needs.
HUD specifically invites public comments on the need for this type of
post-disaster review and the possibility of requiring such a
reevaluation at the final rule stage.
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\16\ See http://www.data.gov/climate/.
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This proposed rule is one part of a broader set of Administration
and HUD initiatives to narrow the digital divide and enhance climate
resilience in low-income communities. Given the focus of the
consolidated plan on housing needs, the assessments required by the
proposed rule are limited to broadband access in housing and the
vulnerability of housing to natural hazard risks. HUD, however, is
cognizant of the critical non-housing needs of low-income communities.
The adoption of broadband, which includes digital literacy by low-
income residents is an equally critical component of closing the
digital divide. Likewise, the evaluation of vulnerability to natural
hazard risks on a broader, community-wide, level is an equally
significant component of ensuring the resilience of low-income
households. Under 24 CFR 91.215 (for local governments) and 24 CFR
92.315 (for States), jurisdictions must provide a description of
priority non-housing community development needs eligible for
assistance under HUD's community development programs. Given the
importance of broadband adoption to communities and the goals of this
rulemaking, HUD strongly encourages jurisdictions to consider
implementing such actions in their non-housing community development
efforts. Similarly, HUD strongly encourages jurisdictions to consider
the use of block grant funds for actions that enhance the resilience of
communities to natural hazard risks as a whole. To this end,
jurisdictions should consider basing such actions on the FEMA-approved
State, Tribal, and local hazard mitigation plans that may be used to
conduct the housing-specific assessments required by the proposed rule.
In addition, HUD continues to encourage regional planning
considerations, and maintains the requirement for local governments and
States to, in their citizen participation plan, encourage the
participation of local and regional institutions and businesses in the
process of developing and implementing their consolidated plans.
The proposed rule would make the following changes to the
Consolidated Plan regulations:
1. Consultation and citizen participation requirements (Sec. Sec.
91.100.91.105. 91.110, 91.115). The current regulations require that
local governments and States consult public and private agencies that
provide assisted housing, health services, and social and fair housing
services during preparation of the consolidated plan. Under the current
regulations, local governments and States are also required, in their
citizen participation plan, to encourage the participation of local and
regional institutions and businesses in the process of developing and
implementing their consolidated plans. The proposed rule would amend
these requirements to specify that local governments and States must
consult with public and private organizations, including broadband
Internet service providers, and other organizations engaged in
narrowing the digital divide. Further, the citizen participation plan
must encourage their participation in implementing any components of
the plan designed to narrow the digital divide for low-income
residents. The proposed rule would also require local governments and
States to consult with agencies whose primary responsibilities include
the management of floodprone areas, public land or water resources, and
emergency management agencies in the process of developing the
consolidated plan.
2. Contents of Consolidated Plan (Sec. Sec. 91.5, 91.200, 9.200,
91.210, 91.300, 91.310). The proposed rule would make several changes
to subparts C and D of HUD's regulations 24 CFR part 91, which
establish the required contents of the consolidated plan. First, the
proposed rule would require that, in describing their consultation
efforts, local governments and States describe their consultations with
public and private organizations, including broadband Internet service
providers, other organizations engaged in narrowing the digital divide,
agencies whose primary responsibilities include the management of
floodprone areas, public land or water resources, and emergency
management agencies.
Second, the jurisdiction must also describe broadband needs in
housing occupied by low- and moderate-income households based on an
analysis of data for its low- and moderate-income
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neighborhoods in the National Broadband Map. The National Broadband Map
Web site may be accessed at http://www.broadbandmap.gov/. Grantees may
also use broadband availability data in the FCC Form 477 or other data
identified by the jurisdiction, for which the source is cited in the
jurisdiction's Consolidated Plan. These needs include the need for
broadband wiring and for connection to the broadband service in the
household units, the need for increased competition by having more than
one broadband Internet service provider serve the jurisdiction.
Third, the proposed rule would also require the jurisdiction to
provide an assessment of natural hazard risk to low- and moderate-
income residents based on an analysis of data, findings and methods in
(1) the most recent National Climate Assessment, the Climate Resilience
Toolkit, the Impact of Climate Change and Population Growth on the
National Flood Insurance Program Through 2100, or the Community
Resilience Planning Guide for Buildings and Infrastructure Systems
prepared by the National Institute of Standards and Technology (NIST);
(2) other climate risk-related data published by the Federal government
or other State or local government climate risk related data, including
FEMA-approved hazard mitigation plans which incorporate climate change;
or (3) other climate risk data identified by the jurisdiction, for
which the source is cited in the jurisdiction's Consolidated Plan.
The National Climate Assessment, located at http://nca2014.globalchange.gov/, summarizes the impacts of climate change on
the United States, now and in the future. A team of more than 300
experts guided by a 60-member Federal Advisory Committee produced the
report, which was extensively reviewed by the public and experts,
including federal agencies and a panel of the National Academy of
Sciences.\17\
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\17\ http://nca2014.globalchange.gov/.
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The Climate Resilience Toolkit, located at http://toolkit.climate.gov provides science-based tools, information, and
expertise to help people manage their climate-related risks and
opportunities, and improve their resilience to extreme events. The site
is designed to serve interested citizens, communities, businesses,
resource managers, planners, and policy leaders at all levels of
government. The Climate Resilience Toolkit was developed over a six-
month period in 2014 by a partnership of federal agencies and
organizations led by National Oceanic and Atmospheric
Administration.\18\
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\18\ https://toolkit.climate.gov/content/about-climate-resilience-toolkit.
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FEMA sponsored the report on Impact of Climate Change and
Population Growth on the National Flood Insurance Program (available at
http://www.acclimatise.uk.com/login/uploaded/resources/FEMA_NFIP_report.pdf) to fulfill a recommendation made by the
Government Accountability Office to analyze the potential long-term
implications of climate change and population growth on the National
Flood Insurance Program. The study addresses riverine and coastal flood
response to climate change, with projections at 20-year intervals
through 2100, and found that the national average increase in
floodprone areas by the year 2100 may approximate 40-45% for riverine
areas and coastal areas.
The National Institute of Standards and Technology's (NIST)
Community Resilience Planning Guide for Buildings and Infrastructure
Systems, located at http://www.nist.gov/el/resilience, provides a six-
step planning process that towns, cities, and counties can apply to
better withstand hazard events and recovery more quickly. It provides a
practical approach to help communities set priorities, allocate
resources, and adopt codes and standards to reduce natural hazard and
climate change risks by improving their resilience.
By undertaking these two analyses as part of their consolidated
planning, HUD believes that jurisdictions become better informed of two
emerging community needs in the world today: (1) The importance of
broadband access, which opens up opportunity to a wide range of
services, markets, jobs, educational, cultural and recreational
opportunities; and (2) the importance of being cognizant and prepared
for environmental and geographical conditions that may threaten the
health and safety of communities. As noted earlier in this preamble,
HUD is not mandating that jurisdictions take actions in either of these
areas, but HUD believes that these are two areas that must be taken
into consideration in a jurisdiction's planning for its expenditure of
HUD funds.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and therefore, subject to review by the Office of Management and Budget
(OMB) in accordance with the requirements of the order. Executive Order
13563 (Improving Regulations and Regulatory Review) directs executive
agencies to analyze regulations that are ``outmoded, ineffective,
insufficient, or excessively burdensome, and to modify, streamline,
expand, or repeal them in accordance with what has been learned.
Executive Order 13563 also directs that, where relevant, feasible, and
consistent with regulatory objectives, and to the extent permitted by
law, agencies are to identify and consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public. This rule was determined to be a ``significant regulatory
action'' as defined in section 3(f) of Executive Order (although not an
economically significant regulatory action, as provided under section
3(f)(1) of the Executive Order).
As noted in this preamble, the proposed regulatory amendments are
designed to assist Consolidated Plan jurisdictions assess two emerging
needs of communities in this changing world. Specifically, the proposed
rule will direct States and local governments to consider broadband
access and natural hazard resilience in their consolidated planning
efforts by using readily available online data sources. Where access to
broadband Internet service is either not currently available or only
minimally available, jurisdictions will be required to consider ways to
bring broadband Internet access to low- and moderate-income residents,
including how HUD funds could be used to narrow the digital divide for
these residents. Further, where low- and moderate-income communities
are at risk of natural hazards, including those that may be exacerbated
due to climate change, States and local governments must consider ways
to incorporate hazard mitigation and resilience into their community
planning and development goals, including the use of HUD funds.
Benefits and Costs of the Proposed Rule
A. Benefits
The Consolidated Planning process benefits jurisdictions by
establishing the framework for a community-wide dialogue to identify
housing and community development needs for over a thousand communities
across the Nation.\19\ Rather than a piecemeal
[[Page 31198]]
approach to planning based on differing program requirements, the
Consolidated Plan enables a holistic approach to the assessment of
affordable housing and community development needs and market
conditions. HUD established the Consolidated Plan, through a 1994 final
rule, for the explicit purpose of linking disparate program planning
requirements, thereby ensuring ``that the needs and resources of . . .
[jurisdictions] are included in a comprehensive planning effort to
revitalize distressed neighborhoods and help low-income residents
locally.'' \20\ The Consolidated Plan replaced a dozen separate
planning mechanisms with a unified approach enabling communities to
make data-driven, place-based investment decisions.\21\
---------------------------------------------------------------------------
\19\ The Consolidated Plan is used by 1,255 jurisdictions. This
number includes 1,205 localities all 50 States.
\20\ 60 FR 1878 (January 5, 1994).
\21\ See footnote 15.
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New housing and community development needs have arisen in the 21
years since the Consolidated Plan was created. As noted in this
preamble, two of the most pressing emerging needs facing communities in
the twenty-first century are the digital divide and climate change:
In a recent analysis, the President's Council of Economic
Advisers (CEA) noted that the benefits of broadband Internet technology
have not been evenly distributed.\22\ Research shows that there remain
substantial disparities in both Internet use and the quality of access.
This ``digital divide'' is concentrated among older, less educated, and
less affluent populations, as well as in rural parts of the country
that tend to have fewer choices and slower connections.\23\
---------------------------------------------------------------------------
\22\ The Digital Divide and Economic Benefits of Broadband
Access, Council of Economic Advisers (CEA) Issue Brief (March 2016)
available online at: https://www.whitehouse.gov/sites/default/files/page/files/20160308_broadband_cea_issue_brief.pdf.
\23\ Thom File and Camille Ryan, Computer and Internet Use in
the United States: 2013 (U.S. Census Bureau, November 2014)
available online at: http://www.census.gov/content/dam/Census/library/publications/2014/acs/acs-28.pdf.
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As President Obama has noted, climate change is happening
now; it is not a distant threat. Its effects are already being felt in
communities across the Nation. In some regions, droughts, wildfires,
and floods are becoming more frequent and/or intense.\24\ Average
temperatures across the United States have increased between 1.3 and
1.9 degrees Fahrenheit since recordkeeping began in 1895.\25\ Heat
waves, hurricanes, and severe storms have all become more intense, and
sea level rise is causing some communities to flood at high tides and
threatening homes and critical infrastructure. Climate impacts have
affected every region across the nation and inflicted large costs on
the economy.\26\
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\24\ https://www.whitehouse.gov/energy/climate-change.
\25\ http://nca2014.globalchange.gov/highlights/overview/climate-trends.
\26\ http://nca2014.globalchange.gov/.
---------------------------------------------------------------------------
Despite the benefits described above of a comprehensive approach to
planning and the allocation of scarce Federal dollars, jurisdictions
are not currently required to consider either the digital divide or
climate change resilience in development of their Consolidated Plans.
Jurisdictions may therefore place a low priority on assessing, and
using Federal dollars to address, these critical issues than on other
needs included in the Consolidated Plan. As a worst case scenario, it
could mean that communities elect to defer considering these needs.
The direct benefits provided by the proposed rule are, therefore,
to help ensure that Consolidated Plan jurisdictions consider broadband
access and natural hazard resilience as part of their comprehensive
assessment and planning efforts, including the most effective use of
HUD grant funds. The CEA broadband analysis discussed above noted that
closing the digital divide can increase productivity and open ladders
of opportunity. Likewise, community investment in natural hazard
resilience may help to insure security and quality of life against the
rising environmental tolls associated with climate change.\27\
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\27\ See http://www.nist.gov/el/helping-to-build-a-nation-of-resilient-communities.cfm.
---------------------------------------------------------------------------
B. Costs
HUD does not anticipate that the costs of the revised consultation
and reporting requirements will be substantial since the regulatory
changes proposed by this proposed rule merely build upon similar
existing requirements for other elements covered by the consolidated
planning process rather than mandating completely new procedures. The
economic costs of completing the Consolidated Plan are not significant.
A complete Consolidated Plan that contains both a Strategic Plan and
Annual Action Plan is submitted once every 3 to 5 years. An Annual
Action Plan is submitted once a year. HUD data indicate that the cost
of preparing the Strategic Plan for a locality is $5,236, and for a
State is $14,382. The cost of preparing the Annual Action Plan is
$1,904 for a locality and $6,392 for each State. While these are not
trivial amounts, they are not substantial when considered in proportion
to HUD grant funding (for example, the average CDBG grant to
entitlement communities in FY 2012 was approximately $1.7 million).\28\
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\28\ Eugene Boyd, Community Development Block Grants: Recent
Funding History (Congressional Research Service, February 6, 2014),
available online at: https://www.hsdl.org/?view&did=750383.
---------------------------------------------------------------------------
HUD does not anticipate the proposed regulatory changes will add
much, if anything, to these costs. As noted above, the required
assessments will be based on data that are already readily available on
the Internet. Therefore, jurisdictions will not have to incur the
expense and administrative burdens associated with collecting data.
Moreover, the proposed rule does not mandate that actions be taken to
address broadband needs or climate change needs. Consolidated plan
jurisdictions are in the best position to decide how to expend their
HUD funds. However, HUD believes that the additional analyses required
by this proposed rule may highlight areas where expenditure of funds
would assist in opening up economic opportunities through increased
broadband access or mitigate the impact of possible natural hazard
risks and climate change impacts. HUD leaves it to jurisdictions to
consider any appropriate methods to promote broadband access or protect
against the adverse impacts of climate change, taking into account the
other needs of their communities, and available funding, as identified
through the consolidated planning process.
Accordingly, HUD believes that the benefits of enhancing the
ability of State and local government to comprehensively plan for
housing and community development needs outweigh the minimal costs that
may be associated with the revised Consolidated Plan requirements. The
docket file is available for public inspection 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, please
schedule an appointment to review the docket file by calling the
Regulation Division at 202-402-3055 (this is not a toll-free number).
Individuals with speech or hearing impairments may access this number
via TTY by calling the Federal Relay Service at 800-877-8339.
Paperwork Reduction Act
The information collection requirements contained in this rule have
been submitted to the Office of
[[Page 31199]]
Management and Budget (OMB) for review and approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance with the
Paperwork Reduction Act, an agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information,
unless the collection displays a currently valid OMB control number.
The burden of the information collections in this rule is estimated
as follows:
Reporting and Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
Response
Information collection Number of respondents frequency Burden hours Total burden
(average) * per response hours
----------------------------------------------------------------------------------------------------------------
Citizen participation plan for 1,205 localities and 50 1 2 2,510
localities (Sec. 91.105) and States States.
(Sec. 91.115).
Housing market analysis for local 1,205 localities and 50 1 2 2,510
governments (Sec. 91.210) and States.
States (Sec. 91.310).
-------------------------------------------------------------------------
Totals............................ 1,255................... 1 4 5,020
----------------------------------------------------------------------------------------------------------------
* A complete Consolidated Plan is submitted once every 3-5 years. This response number reflects one response per
Consolidated Plan submission.
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting from
members of the public and affected agencies comments on the following
concerning this collection of information:
(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.
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Under the provisions
of 5 CFR part 1320, OMB is required to make a decision concerning this
collection of information between 30 and 60 days after the publication
date. Therefore, a comment on the information collection requirements
is best assured of having its full effect if OMB receives the comment
within 30 days of the publication. This time frame does not affect the
deadline for comments to the agency on the proposed rule, however.
Comments must refer to the proposal by name and docket number (5891-P-
01) and must be sent to:
HUD Desk Officer, Office of Management and Budget, New Executive Office
Building, Washington, DC 20503, Fax number: 202-395-6947, and
Ms. Colette Pollard, Reports Liaison Officer, Department of Housing and
Urban Development, 451 7th Street SW., Room 2204, Washington, DC 20410
Interested persons may submit comments regarding the information
collection requirements electronically through the Federal eRulemaking
Portal at http://www.regulations.gov. HUD strongly encourages
commenters to submit comments electronically. Electronic submission of
comments allows the commenter maximum time to prepare and submit a
comment, ensures timely receipt by HUD, and enables HUD to make them
immediately available to the public. Comments submitted electronically
through the http://www.regulations.gov Web site 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.
Impact on Small Entities
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities.
As noted above in this preamble, the proposed regulatory amendment
will impose minimal, if any, economic burdens on HUD grantees,
irrespective of their size. The proposed rule will amend the
Consolidated Plan regulations to require that States and local
governments consider (1) broadband Internet service access for low- and
moderate-income households to; and (2) the risk of potential natural
hazards, including those that may be exacerbated due to climate change,
to low- and moderate-income residents in their jurisdictions. The
regulatory changes build upon their existing consolidated planning
process rather than mandating completely new procedures. As discussed
above, the economic costs of preparing the Consolidated Plan are not
significant, and it is unlikely that the proposed changes will increase
those costs since the required assessments will be mostly based on data
that has already been compiled and readily available on the Internet.
Jurisdictions will, therefore, not have to incur the expense and
administrative burdens associated with collecting and analyzing data.
Moreover, the proposed rule does not mandate that any actions be
taken in response to the required assessments. Where access to
broadband Internet service is not currently available or is minimally
available, States and local governments must consider ways to bring
broadband Internet access to low- and moderate-income residents,
including how HUD funds could be used to narrow the digital divide for
these residents. Further, where low- and moderate-income communities
are at risk of natural hazards, including those that may be exacerbated
due to climate change, States and local governments must consider ways
to incorporate hazard mitigation and resilience into their community
planning and development goals, including the use of HUD funds.
However, jurisdictions retain the discretion to consider the most
appropriate methods to address their assessments, taking into account
other needs identified as part of the consolidated planning process as
well as financial and other resource constraints. This proposed rule
therefore, which only requires consideration of the broadband and
[[Page 31200]]
natural hazards resilience needs of low-income communities, has a
minimal cost impact on all grantees subject to the Consolidated
Planning process, whether large or small, and will not have a
significant economic impact on substantial number of small entities.
Notwithstanding HUD's determination that this proposed rule will
not have a significant economic effect on a substantial number of small
entities, HUD specifically invites comments regarding any less
burdensome alternatives to this rule that will meet HUD's objectives,
as described in this preamble.
Environmental Review
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern, or regulate, real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
proposed rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
imposes either substantial direct compliance costs on state and local
governments and is not required by statute, or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This proposed rule would not have
federalism implications and would not impose substantial direct
compliance costs on state and local governments or preempt state law
within the meaning of the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments, and on the private sector. This proposed rule would
not impose any federal mandates on any state, local, or tribal
governments, or on the private sector, within the meaning of the UMRA.
List of Subjects in 24 CFR Part 91
Aged, Grant programs--housing and community development, Homeless,
Individuals with disabilities, Low- and moderate-income housing,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, HUD proposes to amend
part 91 as follows:
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
0
1. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
0
2. In Sec. 91.100, add a sentence to the end of paragraph (a)(1) to
read as follows:
Sec. 91.100 Consultation; local governments.
(a) * * *
(1) * * * When preparing the consolidated plan, the jurisdiction
shall also consult with public and private organizations, including
broadband Internet service providers, organizations engaged in
narrowing the digital divide, agencies whose primary responsibilities
include the management of floodprone areas, public land or water
resources, and emergency management agencies.
* * * * *
0
3. In Sec. 91.105, add a sentence at the end of paragraph (a)(2)(ii)
to read as follows:
Sec. 91.105 Citizen participation plan; local governments.
(a) * * *
(2) * * *
(ii) * * * The jurisdiction shall encourage the participation of
public and private organizations, including broadband Internet service
providers, organizations engaged in narrowing the digital divide,
agencies whose primary responsibilities include the management of
floodprone areas, public land or water resources, and emergency
management agencies in the process of developing the consolidated plan.
* * * * *
0
4. In Sec. 91.110, add a sentence at the end of paragraph (a) to read
as follows:
Sec. 91.110 Consultation; States.
(a) * * * When preparing the consolidated plan, the State shall
also consult with public and private organizations, including broadband
Internet service providers, organizations engaged in narrowing the
digital divide, agencies whose primary responsibilities include the
management of floodprone areas, public land or water resources, and
emergency management agencies.
* * * * *
0
5. In Sec. 91.115, add a sentence at the end of paragraph (a)(2)(ii)
to read as follows:
Sec. 91.115 Citizen participation plan; States.
(a) * * *
(2) * * *
(ii) * * * The State shall also encourage the participation of
public and private organizations, including broadband Internet service
providers, organizations engaged in narrowing the digital divide,
agencies whose primary responsibilities include the management of
floodprone areas, public land or water resources, and emergency
management agencies in the process of developing the consolidated plan.
* * * * *
0
6. In Sec. 91.200, redesignate paragraph (b)(3)(iv) as paragraph
(b)(3)(vi), and add new paragraph (b)(3)(iv) and paragraph (b)(3)(v) to
read as follows:
Sec. 91.200 General.
* * * * *
(b) * * *
(3) * * *
(iv) Public and private organizations, including broadband Internet
service providers and organizations engaged in narrowing the digital
divide;
(v) Agencies whose primary responsibilities include the management
of floodprone areas, public land or water resources, and emergency
management agencies; and
* * * * *
0
7. Revise Sec. 91.210(a) to read as follows:
Sec. 91.210 Housing market analysis.
(a) General characteristics. (1) Based on information available to
the jurisdiction, the plan must describe the significant
characteristics of the jurisdiction's housing market, including the
supply, demand, and condition and cost of housing and the housing stock
available to serve persons with disabilities, and to serve other low-
income persons with special needs, including persons with HIV/AIDS and
their families.
(2) Data on the housing market should include, to the extent
information is available, an estimate of the number of vacant or
abandoned buildings and whether units in these buildings are suitable
for rehabilitation.
(3) The jurisdiction must also identify and describe any areas
within the jurisdiction with concentrations of racial/ethnic minorities
and/or low-income families, stating how it defines the terms ``area of
low-income concentration'' and ``area of minority concentration'' for
this purpose. The locations and degree of these
[[Page 31201]]
concentrations must be identified, either in a narrative or on one or
more maps.
(4) The jurisdiction must also describe the broadband needs of
housing occupied by low- and moderate-income households based on an
analysis of data for its low- and moderate-income neighborhoods in the
National Broadband Map. Jurisdictions may also use broadband
availability data in the FCC Form 477 or other data identified by the
jurisdiction, for which the source is cited in the jurisdiction's
Consolidated Plan. These needs include the need for broadband wiring
and for connection to the broadband service in the household units, the
need for increased competition by having more than one broadband
Internet service provider serve the jurisdiction.
(5) The jurisdiction must also describe the vulnerability of
housing occupied by low- and moderate-income households to increased
natural hazard risks associated with climate change based on an
analysis of data, findings, and methods in:
(i) The National Climate Assessment, the Climate Resilience
Toolkit, the Impact of Climate Change and Population Growth on the
National Flood Insurance Program, or the NIST Community Resilience
Planning Guide for Buildings and Infrastructure Systems;
(ii) Other climate risk-related data published by the Federal
government or other State or local government climate risk-related
data, including hazard mitigation plans approved by the Federal
Emergency Management Agency that incorporate climate change; or
(iii) Other climate risk data identified by the jurisdiction, for
which the source is cited in the jurisdiction's Consolidated Plan.
* * * * *
0
8. In Sec. 91.300, remove the word ``and'' following the semicolon at
the end of paragraph (b)(3)(iii), redesignate paragraph (b)(3)(iv) as
paragraph (b)(3)(vi), and add new paragraph (b)(3)(iv) and paragraph
(b)(3)(v) to read as follows:
Sec. 91.300 General.
* * * * *
(b) * * *
(3) * * *
(iv) Public and private organizations, including broadband Internet
service providers and organizations engaged in narrowing the digital
divide;
(v) Agencies whose primary responsibilities include the management
of floodprone areas, public land or water resources, and emergency
management agencies; and
* * * * *
0
9. Revise Sec. 91.310(a) to read as follows:
Sec. 91.310 Housing market analysis.
(a) General characteristics. (1) Based on data available to the
State, the plan must describe the significant characteristics of the
State's housing markets (including such aspects as the supply, demand,
and condition and cost of housing).
(2) The State must describe the broadband needs of housing in the
State based on an analysis of data in the National Broadband Map.
States may also use broadband availability data in the FCC Form 477 or
other data identified by the jurisdiction, for which the source is
cited in the jurisdiction's Consolidated Plan. These needs include the
need for broadband wiring and for connection to the broadband service
in the household units, the need for increased competition by having
more than one broadband Internet service provider serve the
jurisdiction.
(3) The State must also describe the vulnerability of housing
occupied by low- and moderate-income households to increased natural
hazard risks due to climate change based on an analysis of data,
findings, and methods in:
(i) The National Climate Assessment, the Climate Resilience
Toolkit, the Impact of Climate Change and Population Growth on the
National Flood Insurance Program, or the NIST Community Resilience
Planning Guide for Buildings and Infrastructure Systems;
(ii) Other climate risk-related data published by the Federal
government or other State or local government climate risk-related
data, including hazard mitigation plans approved by the Federal
Emergency Management Agency that incorporate climate change; or
(iii) Other climate risk data identified by the jurisdiction, for
which the source is cited in the jurisdiction's Consolidated Plan.
* * * * *
Dated: April 15, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2016-11350 Filed 5-17-16; 8:45 am]
BILLING CODE 4210-67-P