[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6813-6814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03530]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6136-N-02]
Waiver and Alternative Requirement for Community Development
Block Grant Disaster Recovery (CDBG-DR) Grantees
AGENCY: Office of the Secretary, HUD.
ACTION: Notice.
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SUMMARY: On January 9, 2019, HUD published a Federal Register notice
waiving and establishing an alternative requirement for the timing of
review of Community Development Block Grant Disaster Recovery (CDBG-DR)
Action Plans for Disaster Recovery and Action Plan amendments that were
pending approval as of December 22, 2018. HUD took this action due to
the lapse in its appropriations for Fiscal Year (FY) 2019 and the
resultant inability to satisfactorily complete the review and approval
process consistent with HUD's customary timeline. The January 9, 2019
notice stated that HUD would announce a revised time period for
completion of the review of pending Action Plans and amendments
following enactment of funding for the Department's normal operations.
Through this notice, HUD announces the revised review deadline.
DATES: Applicability Date: February 28, 2019.
FOR FURTHER INFORMATION CONTACT: David C. Woll, Jr., Acting Assistant
Secretary for Community Planning and Development, U.S. 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. Background
Public Law 115-123 \1\ appropriated $28 billion of CDBG-DR funding
for two purposes: (1) To address unmet needs arising from certain major
declared disasters that occurred in 2017; \2\ 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 \3\ for unmet needs arising
from major declared disasters in 2017. HUD allocated virtually all
funding for unmet needs and established administrative requirements via
two Federal Register notices published on February 9, 2018,\4\ and
August 14, 2018.\5\
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\1\ See Further Additional Supplemental Appropriations for
Disaster Relief Requirements Act, 2018, title XI, subdivision I,
division B, of Public Law 115-123.
\2\ Of the amounts for unmet needs, $2 billion in CDBG-DR is
more specifically for the purpose of enhancing or improving
electrical power systems in jurisdictions affected by Hurricane
Maria in 2017. A Federal Register notice for such amounts will be
published in the future.
\3\ See Supplemental Appropriations for Disaster Relief
Requirements, 2017, division B of Public Law 115-56.
\4\ 83 FR 5844.
\5\ 83 FR 40314.
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In general, the funds for unmet needs are to be used for activities
authorized under title I of the Housing and Community Development Act
of 1974 \6\ (HCD Act) related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic revitalization
in the ``most impacted and distressed'' areas resulting from the
qualifying major disaster. 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.
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\6\ 42 U.S.C. 5301 et seq.
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Public Laws 115-123 and 115-56 require that, prior to the
obligation of funds, grantees must submit for approval a plan to the
Secretary that details the proposed use of funds. The February 9, 2018,
and August 14, 2018, Federal Register notices and 24 CFR 91.500(a)
provide that HUD must review these plans within 45 days from the date
of receipt. HUD may use its regulatory waiver authority at 24 CFR 5.110
to extend this review period to 60 days from the date of receipt,
consistent with HUD's implementation of section 105(c)(1) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12705(c)(1)), which governs action plan submissions under HUD's
consolidated planning regulations at 24 CFR part 91.
Public Laws 115-123 and 115-56 also authorize the Secretary of HUD
to waive or specify alternative requirements for any statutory or
regulatory provision administered by HUD in connection with CDBG-DR
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) upon a finding
of good cause that the waiver or alternative requirement is not
inconsistent with the overall purposes of title I of the HCD Act.
Commencing at 12:00 a.m. Eastern Standard Time (EST) on December
22, 2018, and ending on January 25, 2019, HUD operations were limited
to certain excepted activities as a result of the lapse in FY 2019
appropriations. As a result, HUD could not be assured of completing its
review of pending submissions and issuing affirmative approvals within
the 60-day period established by section 105(c)(1) of the Cranston-
Gonzalez National Affordable Housing Act. Accordingly, on January 9,
[[Page 6814]]
2019, \7\ HUD published a notice announcing that the Secretary found
good cause to waive the statutory 60-day review deadline and was
issuing an alternative requirement for review of pending Action Plans
and Action Plan amendments involving funding under Public Laws 115-123
and 115-56. The January 9, 2019, Federal Register notice provided that
``HUD would review 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.'' \8\
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\7\ 84 FR 97.
\8\ 84 FR 97, at 98, first column.
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II. This Notice--Revised Review Deadline
This notice announces the revised deadline for HUD review of CDBG-
DR Action Plans and amendments. The revised deadline is measured from
the end of the appropriations lapse that impacted HUD's operations. The
Department will review and respond not later than March 1, 2019, Action
Plan amendments that were pending as of December 21, 2018. This
approach means that HUD will act upon such Action Plan amendments
within 35 days of resuming operations subsequent to the appropriations
lapse that ended January 26, 2019. Concurrently, the Department will
review and respond not later than March 15, 2019, to Action Plans that
were pending as of December 21, 2018. This means that HUD will act upon
such Action Plans within 50 days of resuming operations subsequent to
the same appropriations lapse. These timeframes account for days lost
to the review process during the lapse but also account for time
associated with the full resumption of regular work activities by HUD
staff subsequent to the end of the lapse. This approach acknowledges
not only the general complexity of the Action Plan submissions, but
also the cumulative impact upon HUD staffing and operations resulting
from the lapse in appropriations.
Dated: February 22, 2019.
David C. Woll, Jr.,
Acting Assistant Secretary for Community Planning and Development.
[FR Doc. 2019-03530 Filed 2-27-19; 8:45 am]
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