[Federal Register Volume 84, Number 6 (Wednesday, January 9, 2019)]
[Notices]
[Pages 97-98]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00050]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 84, No. 6 / Wednesday, January 9, 2019 /
Notices
[[Page 97]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6136-N-01]
Waiver and Alternative Requirement for Community Development
Block Grant--Disaster Recovery (CDBG-DR) Grantees
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice addresses Community Development Block Grant
disaster recovery (CDBG-DR) funds. Specifically, this notice waives and
establishes an alternative requirement for the timing of HUD's review
of CDBG-DR Action Plans for Disaster Recovery and Action Plan
Amendments that were pending approval as of December 21, 2018. HUD is
taking this action due to a lapse in its appropriations for FY 2019 as
of that date and the resultant inability to satisfactorily complete the
review and approval process consistent with its customary timeline.
DATES: Applicability Date: January 14, 2019.
FOR FURTHER INFORMATION CONTACT: David C. Woll, Jr., Principal Deputy
Assistant Secretary, Department of Housing and Urban Development, 451
7th Street SW, Room 7100, Washington, DC 20410, telephone number 202-
708-2690. Persons with hearing or speech disability may access this
number via TTY/VRS by calling the Federal Relay Service at 800-877-
8339. Facsimile inquiries may be sent to Mr. Woll at 202-708-0033.
(Except for the ``800'' number, these telephone numbers are not toll-
free.) Email inquiries may be sent to [email protected].
SUPPLEMENTARY INFORMATION:
I. Waiver and Alternative Requirement for HUD Review of Action Plans
for Disaster Recovery and Action Plan Amendments Related to Funding
Appropriated by Public Laws 115-123 and 115-56
Public Law 115-123 \1\ appropriated $28 billion of Community
Development Block Grant disaster recovery (CDBG-DR) funding for two
purposes: (1) To address unmet needs arising from certain major
declared disasters that occurred in 2017; and (2) To fund mitigation
activities for all CDBG-DR grantees that received CDBG-DR funding in
response to unmet needs arising from major disasters declared in 2015,
2016, and 2017. These funds were in addition to $7.4 billion
appropriated by Public Law 115-56 \2\ for unmet needs arising from
major declared disasters in 2017. HUD allocated virtually all funding
for unmet needs \3\ and established administrative requirements via two
Federal Register Notices published on February 9, 2018 (83 FR 5844-
5869) and August 14, 2018 (83 FR 40314-40325).
---------------------------------------------------------------------------
\1\ See Title XI, Subdivision I, Division B of Public Law 115-
123, the Bipartisan Budget Act of 2018.
\2\ See Division B of Public Law 115-56, Continuing
Appropriations Act, 2018 and Supplemental Appropriations for
Disaster Relief Requirements, 2017.
\3\ While HUD has informally indicated how it will allocate $2
billion in CDBG-DR unmet need funding to enhance or improve
electrical power systems in jurisdictions affected by Hurricane
Maria in 2017, the formal allocation will be made via a Federal
Register Notice to be published in the future.
---------------------------------------------------------------------------
In general, the funds are to be used for activities authorized
under Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) (HCD Act) related to disaster relief, long-term
recovery, restoration of infrastructure and housing and economic
revitalization in the ``most impacted and distressed'' areas defined by
HUD. By providing the supplemental disaster recovery funding under
Title I of the HCD Act, Congress implicates the general statutory and
regulatory requirements of the Community Development Block Grant (CDBG)
program.
Both Public Law 115-123 and 115-56 include the following proviso
with respect to CDBG-DR funding:
Provided further, That prior to the obligation of funds a grantee
shall submit a plan to the Secretary for approval detailing the
proposed use of all funds, . . . :
HUD's Federal Register Notice of February 9, 2018, establishes the
requirements and criteria that inform these plans and substantial
amendments thereto (see section VI., A.2., Action Plan for Disaster
Recovery waiver and alternative requirement (83 FR 5849)). Section VI.,
A.2.(e) is entitled Review and Approval of Action Plan and states that
``HUD will review each action plan within 45 days from the date or
receipt.'' The above referenced requirements are also generally
applicable to CDBG-DR funds allocated by the August 14, 2018, Notice,
via Section II., ``Use of Funds.''
For CDBG-DR funds appropriated by Public Laws 115-123 and 115-56,
HUD currently has three Action Plan Amendments (State of Florida, the
Commonwealth of Puerto Rico and the United States Virgin Islands
(USVI)) pending review and approval involving an aggregate of $9.3
billion. In addition, there are Action Plans from the states of
California, Georgia and Missouri pending review and approval for an
aggregate of $221 million.
Public Laws 115-123 and 115-56 also include the following proviso:
Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may 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 the use by the recipient of
these funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), if the
Secretary finds that good cause exists for the waiver or alternative
requirement and such waiver or alternative requirement would not be
inconsistent with the overall purpose of title I of the Housing and
Community Development Act of 1974:
This proviso enables HUD to waive various statutory requirements
applicable to CDBG and to establish alternative requirements to those
provisions. In this Notice, HUD is applying this authority to extend
the period available for HUD review of pending Action Plan Amendments
and Action Plans involving CDBG-DR funding under Public Laws 115-123
and 115-56.
Due to the lapse of FY 2019 appropriations for HUD as of December
21, 2018, HUD has already issued a regulatory waiver extending the HUD
[[Page 98]]
review period for the Action Plan Amendments submitted by Florida,
Puerto Rico and the USVI from 45 days to 60 days, which is the period
set forth under the applicable statutory provision (42 U.S.C.
12705(c)(1)) for consideration of housing strategy, which is analogous
to an action plan or action plan amendment. HUD has not yet addressed
the status of the pending Action Plans for California, Georgia and
Missouri as the 45-day review period for these submissions occurs in
late January, 2019. However, HUD cannot be assured of completing the
reviews of these pending submissions and issuing affirmative approvals
as required by Public Laws 115-123 and 115-56 given the impact upon
HUD's operations during the appropriations lapse period. Therefore, the
Secretary finds that there is good cause to waive the statutory sixty
(60) day review deadline established by 42 U.S.C. 12705(c)(1) and is
issuing an alternative requirement for review of pending Action Plan
Amendments and Action Plans involving funding under Public Laws 115-123
and 115-56. HUD will review the pending Action Plan Amendments and
Action Plans and provide affected grantees with a decision within a
time period which will be announced by HUD after enactment of funding
for the Department's normal operations.
Failure to extend the review period could lead to deemed approvals
upon expiration of the customary 60-day review period, an outcome that
would be inconsistent with both HUD's oversight responsibilities and
the purposes of the CDBG-DR funding or, alternatively, disapproval.
Grantees with pending submissions are advised that the extension of
HUD's review period and resulting delays should not be considered a
commentary on the submissions but is a recognition of the current
circumstances.
II. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grants under this notice is 14.228 for State CDBG grantees.
III. 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 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). Hearing- or speech-impaired
individuals may access this number through TTY by calling the Federal
Relay Service at 800-877-8339 (this is a toll-free number).
Dated: January 4, 2019.
Benjamin S. Carson, Sr.,
Secretary.
[FR Doc. 2019-00050 Filed 1-8-19; 8:45 am]
BILLING CODE 4210-67-P